Jurisprudence Thought On The Construction Of The Inner-Party Legal System

The Party Central Committee with General Secretary Xi Jinping as its core pays high attention to the construction of the party's system.It regards construction of inner-party legal system as a major historical task related to the cause of the party and the country.The Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China has confirmed ‘ forming a complete inner-party legal system' as main content of socialist rule of law system with Chinese characteristics,and the report of the 19 th National Congress of the CPC has further put forward to ‘accelerate to form the inner-party legal system covering all aspects including Party leadership and Party construction'.Therefore,building the complete inner-party legal system is one of the party's goals to provide solid institutional guarantee for strict governance of the party and rule of law in an all-round way.The construction of inner-party legal system involves multiple disciplines and fields,so this paper strives for innovation while adhering to mainstream research methods.It mainly utilizes literature research method,systematic analysis method,interdisciplinary research method,and comparative analysis method to accurately grasp the overall context and key elements of inner-party legal system,and takes the historical development and concept definition of inner-party legal system as the entry points to summarize some existing regular phenomena in the construction of inner-party legal system,deeply explore its internal logic and external connection and put forward relatively scientific and perfect construction path.Besides the conclusion and introduction,this paper is divided into four parts.The first part: the concept,characteristics and practical significance of the inner-party legal system.First,this part analyzed the historical origin and theoretical foundation of inner-party laws and regulations of Communist Party of China,and defined the concept of inner-party laws and regulations.Secondly,the paper carried out argument and analysis of characteristics of inner-party legal system from four aspects: top-level design,value orientation,frame structure and essential content.Then it explored the great practical significance and historical necessity of perfection of our national inner-party law system from three perspectives: strict governance of the party,construction of socialist rule of law systemwith Chinese characteristics,propulsion of modernization of national governance system and governance capacity.The second part: the internal logic and external connection of the inner-party legal system.First,this part deeply explained the frame structure and logical constitution of inner-party legal system from three levels: macro,meso,and micro and various perspectives.Secondly,it analyzed the deep relationship between the inner-party legal system and the national legal system from three perspectives: engagement,accommodation and cooperativity,demonstrating the practical necessity of coordination and cohesion between inner-party laws and regulations and national laws.The third part: the current situation and issues of constructing the inner-party legal system.The Communist Party of China has always focused on the establishment and innovation of theoretical systems.Under the leadership of the Party Central Committee,the construction of our national inner-party legal system has achieved significant development.This part showed the obtained achievements of the construction of inner-party legal system since the eighteenth National Congress of the CPC.But the construction of inner-party legal system still needs to be further improved to satisfy the actual needs of the current strict governance of the party.This part explained the shortcomings and weaknesses of China's inner-party legal system from various aspects such as logical structure,content systematism,cohesion with national legal system,operation efficiency of system and so on.The fourth part: principles and ways of constructing the inner-party legal system.This paper explained the principle guidance which should be adhered to in the construction of inner-party legal system from the perspective of jurisprudence,that is,to stick to the organic unity of governance of the party according to regulations and rule of law,to stick to the organic unity of serving the overall interests and combing with reality,to stick to the organic unity of stability and variability,and to stick to the organic unity of rights and obligations of party members.And on the basis of the development history of construction of inner-party legal system,this paper explained the juristic path of the construction of inner-party legal system from four aspects and twelve perspectives such as straightening out the relationship of logical structure of inner-party legal system,accelerating the systematic course of content ofinner-party laws and regulations,realizing the effective connection of inner-party legal system and national legal system,facilitating the high-efficiency operation of inner-party legal system and so on,so that China can form perfect and scientific inner-party legal system as soon as possible and achieve the goal of inner-party rule of law.The important measure of realizing the modernization rule of law is that the good laws can provide sound governance.It is also true for the governance of the party according to regulations and realization of inner-party rule of law.Therefore,constructing the inner-party legal system of systematism,systematization and scientization is the first step to govern the party according to regulations and realize the inner-party rule of law,while obtaining universal recognition and approval,realizing the efficient and scientific operation of the whole system and playing its maximum effect is the second step to realize the governance of the party according to regulations,of course,it is also the most core step.Therefore,in the process of continually improving the inner-party legal system,we need to deal with the relationship between formulation and implementation,break down the obstacles and barriers of system and mechanism,continuously improve the executive force and realize the ‘good regulation and sound governance' of strict governance of the party.