Research On The Power Of Making Party Rules And Regulations

China's step of running the country in an all-round way by law,at the Fourth Plenary Session of the 18 th CPC Central Committee,Bring the inner-party legal system into the socialist legal system with Chinese characteristics,it is a milestone in the process of building the rule of law in China.In the process of constructing the system of inner-party laws and regulations,whether the system of making laws and regulations within the party is scientific and reasonable,It is about the quality of laws and regulations within the party,the basic link of the perfection of inner-party laws and regulations system.And in the establishment of the system,the rational allocation of the right of making is of vital importance.The primary task of making laws and regulations within the party is to make clear who is the main body of making laws and regulations,within what scope does the main body have the authority to formulate laws and regulations within the party.But in the current regulations or practices,there are still some unclear and concrete places,it brings some inconvenience to the work of making laws and regulations within the party.In this context,how to make clear the main body and authority of inner-party laws and regulations,improve the provisions of laws and regulations on the content of the right to formulate,become the hot spot of scholars' research and discussion.There are many aspects of laws and regulations within the party that can be studied and discussed,however,there are relatively few articles about the power of making laws and regulations within the party,these articles are still not comprehensive and specific in the analysis of the right to formulate,lack of further research.What is the power of making laws and regulations within the party ? What aspects of the existing laws and regulations are not clear about the main body and authority?How to refine the provisions of the main body and authority?What should be included in the regulation of the right of making ? These problems need to be clarified in the research process of the right of making.The text is divided into three part:The first part,to explain some basic problems of inner-party laws and regulations as well as the power of making inner-party lawsand regulations.First,this paper analyzes the concept and attribute of Inner Party laws and regulations,from the perspective of historical development of laws and regulations within the party and academic research and discussion,to explain the understanding and controversy of the concept of inner-party laws and regulations.Combining the nature of the party with the situation of the party's laws and regulations,the nature of the political,advanced and autonomous nature of the party's regulations is also explained.Secondly,the analysis of the power of making laws and regulations within the party,Combined with the relevant theory of legislative power and the theory and practice of inner-party laws and regulations,the paper explains the concept,scope and characteristics of the power of making inner-party laws and regulations,it also makes a brief comparative study of the power of enactment and the power of legislation,with the help of the theory of legislative power,we can have a better research on the issue of legislative power.The second part is the analysis of the current situation of the power of making laws and regulations within the party.First of all,it briefly expounds the situation of the regulations on the formulation of laws and regulations within the Party of the Communist Party of China,and combed the changes in the content of the power of formulation in the regulations on the formulation of laws and regulations within the Party of the Communist Party of China compared with the Interim Regulations on the procedures for the formulation of laws and regulations within the Party of the Communist Party of China,To lay a foundation for the following study and discussion of the problems in the power of making laws and regulations within the party;Secondly,it analyzes the problems existing in the power of making laws and regulations within the party,first,the discussion on the problem that the central organization and all departments of the Party Central Committee are not clear about the scope of the main body;Second,the main body of the Central Commission for Discipline Inspection is unclear,as well as the Central Commission for Discipline Inspection and its internal institutions with unclear work authority;Third,there is no clear stipulation on the authority of local Party committees,and the elaboration of the ultra vires behavior of the local Party committee in making the inner party laws andregulations;Fourth,there are no regulations to regulate the main body and authority of the formulation in the form of joint issuance of Party and government documents,which is easy to cause inconvenience in practical operation.In the third part,it puts forward solutions and suggestions for the existing problems.First of all,we should make clear the basic principles that should be followed in the rational allocation of the power of making laws and regulations within the party,including the principles based on the Constitution and the party constitution,the principles of democracy,the principles of reasonable decentralization,and the principles of coordination between the laws and regulations within the party;second,we should put forward suggestions to improve the power of making laws and regulations within the party in view of the existing problems: first,we should make clear the limits of authority of the main bodies of the Party Central Organization;second To make clear which departments belong to the Party Central Committee,and each department should make regulations on the qualification and authority of the main body;to make clear the status of the Central Commission for Discipline Inspection and to strictly stipulate the work responsibilities of its internal institutions;to increase the regulations on the form of joint issuance of Party and government documents,and to standardize the form of joint issuance.The party has been comprehensively and strictly governed.The party's laws and regulations have become an important part of the legal system of socialism with Chinese characteristics.They put forward higher requirements for the construction of the party's laws and regulations system and for the development of various work within the party.No matter the construction of the inner-party laws and regulations system or the development of the inner-party work,it is inseparable from the reasonable formulation of the inner-party laws and regulations.The premise of the reasonable formulation is the clarity of the basic issues of the power of the formulation of the inner-party laws and regulations,and the clarity of the subject and authority of the formulation.