A Study On The Relationship Between The Party Constitution Andthe Constitution

The relationship between the Communist Party of China(hereinafter referred to as the constitution)and Constitution of the People's Republic of China(hereinafter referred to as the constitution)is the key to grasping the relationship between the party constitution and the state law.It is conducive to strengthening the legal research and the rule of law practice,avoiding people's misunderstanding of the party rules and the state law,deepen the understanding of laws and regulations in the party and the national legal relationship,realizing the resonance of ruling the party in accordance with the rules and the rule of law.It gives better play to the advantages of socialist rule of law with Chinese characteristics.Based on the above understanding,this article embarks from the basic position and basic method of Marxism.This paper adheres to the viewpoint of dialectical materialism and historical materialism,anduses the research methods of system theory,theory with practice,textual analysis,comparative analysis and historical analysis.This paper introduces the basic theory of the party constitution and the constitution,and analyzes the idea of "what is,why and how to do" under the premise of clear basic concepts.The author examines the origin of the party constitution and the constitution with historical thinking,further exploresthe value and significance of the relationship between the party constitution and the constitution,and then positions the dual integration relationship between the party constitution and the constitution in the new era from the "same and different" between the party constitution and the constitution.Finally,we find the way to coordinate and optimize the party constitution and constitution,inner-party laws and regulations and national laws.The first chapter is the basic theory of the relationship between the constitution and the party constitution.The basic theory is the premise to clarify the relationship.The party constitution,as the fundamental law and program of action within the party,is political in the context of the ruling of the Communist Party of China.In addition,the party constitution also has the basic attributes of organization,authority and scientific nature.As the fundamental law of our country,the constitution not only has the attributes of general standardization,universality and publicity of law,but also has the unique fundamental content,the highest effectiveness and the strictness of formulating the amendment procedure.At present,the academic field has given a variety of positioning to the relationship between the party constitution and the constitution,which can be basically summarized as three views:the unity in nature,the diversity of laws,and the cross relationship between the party constitution and the constitution.At the same time,in order to further clarify the relationship between the party constitution and the constitution under the new era background,the relevant new propositions are expounded theoretically,one is the interpretation of "the constitution is the top and the party constitution is the foundation",the other is the relationship between the party regulations and the state laws,and the third is the goal direction of governing the party according to the rules and the rule of law.The second chapter is the historical evolution and basic characteristics of the relationship between the party constitution and the constitution.It is divided into three iconic periods.First,the period from the founding of the Communist Party of China to the pre-founding of the People's Republic of China.Second,during the period from the founding of the People's Republic of China to the adoption of the constitution on August 2,the party constitution and the constitution had a suitable environment for development with the stability of the regime,but faced with the dilemma of tottering with the "left-leaning" of the ideology,and finally,with the "return" of the ideology,they slowly embarked on the right path.Third,since the five constitutional amendments led by the Communist Party of China(CPC),China has embarked on the right track of governing the country in accordance with the constitution under the leadership of the CPC.Under the guidance of Xi Jinping thought on socialism with Chinese characteristics for a new era,the relationship between the party constitution and the constitution has become clearer and more harmonious.The third chapter is the value and significance of the association between the party constitution and the constitution in the new era.Their Shared popular character determines the unity of their values.The party constitution and constitution come from the people,for the people and by the people,and they are all seeking to better measure the legal value of freedom,equality,order,human rights and justice.Governing the party in accordance with regulations is a political guarantee for the rule of law,and the leadership of the party is a strong backing for the enactment and implementation of the constitution and laws.The party must operate within the scope of the constitution,and any provision that violates the constitution shall be null and void.The simultaneous development of governing the party and the country in accordance with the constitution is conducive to the ultimate realization of the dual development pattern of "the constitution as the top,the party constitution as the foundation,the dual rules in the same direction,the same frequency resonance".The fourth chapter is about the relationship between the constitution and the constitution.The constitution of the party and the constitution belong to different standard systems.From the perspective of text,the constitution of the party and the constitution are consistent in the overall logical structure and content.From the analysis of value orientation,both the constitution and the constitution have the characteristics of predictability,fairness,clarity of meaning,relative stability and general standards in form,as well as the character of "good law" in essence for the people's interests.From the perspective of normative effectiveness,the party constitution and the constitution have the legitimacy of source,the highesteffectiveness,the limited scope and the consistency of time,place and object.Under the socialist rule of law system with Chinese characteristics,according to the adjustment of the party constitution and the constitution,the relationship can be defined as a parallel and overlapping relationship--a relationship of division of labor,a relationship of cooperation and a relationship of complementarity.The fifth chapter is the path to optimize the relationship between the constitution and the party constitution.The purpose of studying the relationship between the party constitution and the constitution is to find the way to fit the party constitution and the constitution,the inner-party regulations and the national laws,and the politics and the rule of law in the new era.First,from the perspective of the party constitution and the constitution,we should do a good job in linking the system and supporting the implementation,so as to achieve the effect of "1+1 is greater than 2".Second,from the perspective of inner-party laws and regulations and national laws,we should define the boundary between them and establish a two-way supervision mechanism,so as to realize the co-governance of inner-party laws and regulations and national laws,and promote the modernization of the country's governance system and capacity.