A Research On Linkage Mechanism Of Filing And Examination Systems Between Inner-party Laws And Regulations And National Laws

Paying attention to the connection and coordination between inner-party laws and regulations and national laws is the proper meaning of comprehensively promoting the rule of law.In order to study the linkage mechanism of filing and examination systems from the perspective of the connection and coordination between inner-party laws and regulations and national laws,we should focus on the socialist legal system with Chinese characteristics and shift from the grand theoretical construction research paradigm to the refined normative analysis research paradigm.The research on the linkage mechanism of filing and examination systems should be based on the positioning and nature of the inner-party laws and regulations.Inner-party laws and regulations should be regarded as the legal norms coexisting with the national laws in the socialist legal system with Chinese characteristics.In addition,the linkage mechanism of filing and examination systems,as a control mechanism with norms as the object,should meet the characteristics and requirements of the current cohesion and coordination between inner-party laws and regulations and national laws at the normative level.Specifically,inner-party laws and regulations and national laws take the constitution as the common basic norms,showing the characteristics of two-way connection and coordination.On this basis,it is not necessary to link up all the contents of the filing and examination,but to clarify the main application of the linkage mechanism of the filing and examination.In inner-party laws and regulations system,the linkage mechanism of filing and examination system is mainly applicable to the constitutional review and legitimacy review of inner-party laws and regulations.In national laws system,the linkage mechanism of filing and examination system is mainly applicable to filing and review of national laws that have a linkage relationship with the party’s laws and regulations.In addition,it’s also applied to the cases involving whether the inner-party laws and regulations are illegal or not,and the state organs have no right to review.According to the practical needs of the application,we need to improve the linkage mechanism of filing and examination systems at the standard level,including the scope,main body,procedure of the linkage and connection with other mechanisms.First,we need to expand the scope of filing and examination of inner-party laws and regulations,gradually include the inner-party laws and regulations formulated by the party’s central organization.We also need to use the linkage mechanism to carry out record keeping and review on the rules and regulations jointly formulated by the party organization and state institutions in a classified way.Second,we need to improve the system of joint meetings on filing and examination.It is necessary to determine the organizational structure and discussion content of joint meetings and improve the normalization mechanism.Third,we should improve the procedure of passive review of inner-party laws and regulations,including applicable situation,the subject of examination,application method and specific procedure.Fourth,we should strengthen the linkage between the linkage mechanism of filing and examination systems and the relevant mechanisms.We need to pay attention to the linkage with the mechanism of interpretation mechanism of constitution and law,as well as interpreting and clearing up of inner-party laws and regulations.