Research On The Relationship Between Internal Party Regulations And National Laws

Both party regulations and state laws are important contents of the socialist legal system with Chinese characteristics and play an important role in the country's governance.From the point of view,party regulations and national laws should be unified under the rule of law,mutual coordination,complement each other,and jointly build a socialist country ruled by law.However,from a practical point of view,due to technical and operational deficiencies and deficiencies,the party's laws and regulations sometimes conflict with national laws,the national rule of law have some adverse effects,how to eliminate these effects,coordinate the relationship between the two,Is the starting point and the foothold of this research.The first part of the article is mainly on the party's own laws and regulations to carry out research,the contents of the study,including the origin and development of party regulations,the connotation of the party's laws and norms and other documents within the party distinction,the characteristics of party regulations and party regulations The nature of the.The author argues that the formulation of the internal laws and regulations has its historical rationality and realistic rationality,and has its specific connotation,which will be different from the party's policy and the party system,nor will it lead to confusion with the national law.As a specific thing,party discipline has its own characteristics.It includes the formulation of the specificity of the subject,the specificity of the content and the influence on the state affairs.This article studies the nature of the internal laws and regulations,in fact,is to answer and resolve the nature of the law within the party,on this issue,theoretically there are non-legal,legal and dual attributes that.I believe that in the current stage of development of the rule of law in China,the use of non-legal theory with greater practical significance.The second part of the article is the core of this article,the study is the relationship between the party's laws and national laws,that there is both a unified and a conflict between the party's laws and national laws.As a means of governance,the inner-party laws and regulations and national laws are consistent with the pursuit of value.The inner-party laws and regulations can supplement the contents of national laws and promote and guide the state's legislative activities.However,due to the existence of such and such problems,party regulations sometimes conflict with national laws and adversely affect the rule of law in the country.The contents of these conflicts are manifested as the squeeze of the legislature and the interference of judicial power TheBecause the party's laws and national laws are not always consistent,the third part of the article is mainly about how to develop normative scientific inner-party regulations and how to eliminate conflicts between party laws and national laws.To formulate the norms of science within the party laws and regulations,should limit the development of party laws and regulations of the main body,clear the scope of the development of party laws and regulations,strict rules and regulations within the party procedures,the party laws and regulations for a reasonable application and scientific interpretation,Party-related regulations.To coordinate the conflict between the party's laws and national laws,and to include the coordination of the relationship between the two and to strengthen the integration of the laws of the party to the national law.