| The construction of intra-party regulations is an important part of the construction of the rule of law in China.A sound system of intra-party regulations would contribute to the realization of the rule of law in the Communist Party of China.Since the 18th National Congress of the Communist Party of China,intra-party regulations have been improved day by day,and the research on intra-party regulations have become increasingly abundant.However,less attention is paid to the validity of intra-party regulations.The validity of intra-party regulations is the life of intra-party regulations,which directly affects the operation of intra-party regulations.Thus,the validity of intra-party regulations should be one of the points in the research on intra-party regulations.The research on intra-party regulations can rationalize the relationship between different intra-party regulations and laws,timely solve or avoid the validity conflict between different intra-party regulations and laws,thereby improving the binding force and enforcement of intra-party regulations,boosting the construction of intra-party regulations system,and ultimately,promoting the realization of the rule of law in the Communist Party of China early.In this paper,the validity of intra-party regulations is taken as the object of analysis,and the theory of validity of law is used as a reference.In addition,I also use the methods of literature analysis and comparative analysis to do scholar research on the related issues of the validity of intra-party regulations.The paper is divided into five parts:The first part is about deep analysis of the concept of the validity of intra-party regulations.This part analyzes the concept of the validity of intra-party regulations from the connotation and extension.It believes that the validity of intra-party regulations is not only included in the intra-party regulations,but also radiates to the object of adjustment of intra-party regulations from the internal to the external,which is from four dimensions of time,region,object,and matter.The second part is to study the scope of intra-party regulations’ validity.This part analyzes the validity of intra-party regulations from four aspects,which are time validity,regional validity,object validity and matter validity.The third part is to explore the basis of intra-party regulations’ validity.Based on the existing theoretical results,this part analyzes the foundation of intra-party regulations’validity.It believes that the validity of intra-party regulations is based on two aspects:the source of validity and the basis of validity.It specifically covers five small points:the interests demand of the Communist Party of China;Party members’ abalienation of their rights;the due formulation of procedures;the authorization of Constitution of the Communist Party of China and authoritative rules;and the legality of contents of intra-party regulations.The fourth part is to sort out the relationship of validity between intra-party regulations.This part divides intra-party regulations into four levels,and introduces the relationship of validity between different intra-party regulations and the relationship between intra-party regulations and national laws in detail,which begins at the analysis of the validity scale of intra-party regulations.The fifth part is to study the conflicts of intra-party regulations’ validity.Based on the analyzing of the conflicts of intra-party regulations’ validity,this part summarizes the principles of dealing with the conflicts of intra-party regulations’ validity.Additionally,according to the Regulation on the Formulation of intra-party regulations of the Communist Party of China and related intra-party regulations,this part analyzes how the conflicts of intra-party regulations’ validity should be dealt with in practice in the application and filing. |
