On The Legal Coordination Of The Functional Relationship Between The Party And The Government

Since the 18 th National Congress of the Communist Party of China,through deepening the reform of the party and state institutions,it has realized the systematic and integrated reconstruction of the organizational structure and management system of the party and government,formed the functional relationship framework system of the party and government institutions to meet the requirements of the development of the new era,and provided a strong organizational guarantee for improving the socialist system with Chinese characteristics,promoting the modernization of the national governance system and governance capacity.As the key link of the reform of the party and state organs,the joint office reform of the party and government organs aims to promote the coordination and integration of the functional relationship of the party and government organs,and systematically constructs the functional relationship of the party and government organs on the basis of improving the party's leadership system.In order to promote the coordination of the functional relationship between the party and the government,we must adhere to the centralized and unified leadership of the party,the optimization and coordination of functions,the coordination of the functional relationship between the party and the government in accordance with the law,and the coordination of the functional relationship between the central and local party and government organs.In the context of comprehensively promoting the rule of law,the legal coordination of the functional relationship between the party and government organs is the most basic and important guarantee.Only by grasping the "ox nose" of the coordination of the relationship between the party rules and the state law can the coordination of the functional relationship between the party and government organs be realized.The legal coordination of the functional relationship between the party and government organs mentioned in this paper is based on the joint office of the party and government organs as the starting point,on the basis of the definition of relevant concepts,that is,starting from the basis of the construction of the legalcoordination of the functional relationship between the party and government organs,to explore the value demands of the two legal coordination,and through the analysis of the defects and causes of the current legal coordination,this paper puts forward the basic principles and specific implementation ways of the legal coordination of the functional relationship between the party and government organs,so as to provide a feasible way for exploring the legal coordination of the functional relationship between the party and government organs,and provide a useful reference for the reconstruction of the functional relationship between the party and government organs.The main body of this paper is divided into four parts.The first part is about the definition of related concepts.In order to study the legal coordination of the functional relationship between the party and the government,it is necessary to define the relevant basic concepts,so as to clarify and standardize the scope of research.Through the definition of the four basic concepts of the functions of the party and government organs,the relationship between the functions of the party and government organs,the legal coordination of the relationship between the functions of the party and government organs,and the office of the joint office of the party and government,the boundaries of the research scope are defined.The functions of the party and government organs studied in this paper are limited to the functions of the party's working organs and administrative organs;the office of the party and government offices is limited to this special form of joint office between the party's working organs and administrative organs;the functional relationship of the party and government organs presents new characteristics under the office of the party and government offices,and the realization of the legal coordination of the functional relationship of the party and government organs is not only in the general legal sense There are also special requirements for the coordination of party rules and national laws.The second part is on the basis of the legal coordination of the functional relationship between the party and government organs.Under the condition of the joint office of the party and government organs,the legal coordination of thefunctional relationship between the party and government organs must be supported by sufficient basis.There are mainly three aspects of theoretical,practical,legal and inner-party laws and regulations.The first is the theoretical basis,including Marxist party theory and the rule of law theory,the leadership of the Communist Party of China and the theory of ruling by law.The second is the practical basis,including the practice of the socialist political system reform with Chinese characteristics and the legal status of the one party ruling of the Communist Party of China.Third,the basis of laws and regulations within the party,including the constitution of the people's Republic of China,other national laws and relevant regulations within the party.The third part is about the value demands and defects of the legal coordination of the functional relationship between the party and the government.First of all,this paper analyzes the value objectives of the legal coordination of the functional relationship between the party and government organs,and points out that the value objectives(i.e.value demands)are embodied in three aspects: strengthening the leadership of the party and optimizing the relationship between the party and government;realizing the connection between the laws and regulations within the party and the national laws;promoting the combination of the simplification of the institutions and improving the efficiency.Based on the realization conditions of these value demands,this paper explores the defects and reasons in the legal coordination,and points out that there are four defects in the legal coordination of the functional relationship between the party and government organs at present: the lack or imperfection of relevant laws and regulations;the need to refine the laws and regulations of the relevant organizations;the inadequate implementation of existing laws and regulations of the relevant organizations;imperfect internal and external supervision of the legal coordination of the functional relationship between the party and government organs.The main reasons are the complexity of the system of organization laws and regulations,the existence of the phenomenon of policy and law.The purpose of this chapter is to pave the way for the practical study of the legal coordination of the functional relationship between the party and the government.The fourth part is based on the unity of the theory of practice and methodologyon the basic follow and implementation of the function of the party and government organs.To realize the legal coordination of the functional relationship of the party and government organs under the working conditions of the party and government joint office,we need to adhere to certain principles and guidelines as well as specific ways to achieve them.The basic principle is to follow the guidelines: including establishing a sense of rule of law to coordinate the functions of the party and government organs,promoting the coordination of the internal relations between the higher and lower level organs and the same level organs,and insisting on the combination of systematic integration and differentiated governance.The implementation way is the concrete realization way: including the scientific distinction between the unity and difference of the function relationship of the party and government organs,the clarification of the uncoordinated factors of the function allocation of the party and government organs in the party rules and state laws,the acceleration of the promotion of the law coordination and legislation of the function relationship of the party and government organs,the acceleration of the construction of the internal and external supervision mechanism of the legal coordination of the function relationship of the party and government organs,etc.