| In practice,the application of party discipline can be divided into three types with reference to the civil law.According to the principles of public order and good customs and the principles of equality,the identification of violations of life discipline and clean discipline,respectively,boil down to the reference application of the basic principles of civil law in the application of party discipline.According to the civil juristic act as the constitutive element of the violation of discipline and the influence of the dimension of the effectiveness of the civil juristic act on the determination of the violation of discipline,it boils down to the reference application of the theory of civil juristic conduct in the application of party discipline.The description of the theory of joint infringement based on the determination of joint violation of discipline,boiled down to the application of tort liability in the application of party discipline.The Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China will include "building a complete system of internal party laws and regulations" into the construction of a socialist rule of law system with Chinese characteristics,and emphasized "paying attention to the convergence and coordination of internal party regulations and national laws." The relationship between the "Regulations on Disciplinary Actions of the Communist Party of China" and national laws(hereinafter referred to as the "disciplinary relationship")under the background of comprehensive and strict governance of the party has become the core content of the convergence and coordination of party regulations and national laws.The leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics.The study of the "discipline and law relationship" must be based on the socialist rule of law with Chinese characteristics with the Communist Party of China as the core.According to the needs of the fight against corruption,the "discipline and law relationship" is mainly divided into three representative theoretical types: "discipline before the law","discipline after the law",and "discipline and law parallel".With the overwhelming victory in the anti-corruption struggle,the main task of comprehensively and strictly governing the party has shifted from forming a disciplinary mechanism that "does not dare to be corrupted" to building a prevention mechanism that "cannot be corrupted" and a guarantee mechanism that "does not want to be corrupted." This requires Break through the traditional limitation of the relationship between party discipline and criminal law,incorporate civil law into the theoretical category of "discipline-law relationship",and make full use of the basic thinking and concepts of civil law to influence the application of party discipline,so as to adapt to the system chain that cuts off the transfer of interests and cultivates a good political environment.Cultivating a clean government culture to cure the root cause of work requirements.The traditional type of "discipline and law relations" focuses on making up for the lack of connection between some procedures.The overly formalized relationship model cannot choose a reasonable procedure for the application of discipline and law,causing the problem of disconnection between theory and practice;too much emphasis on the connection of procedures,but ignoring the party Coordination of internal order and judicial value;failure to include the rights of party members and the special elements of individual cases into the evaluation system,causing the problem of narrow coverage of the norms.The construction of "discipline and law relations" theoretical types should be based on procedural construction,and the achievement of substantive goals should be the basis.At the same time,the openness of theoretical construction should be adhered to,and the "discipline and law relations" should be investigated under the framework of the socialist legal system.The civil law is of great significance for improving the pervasiveness of party discipline and promoting the consolidation and restoration of the political ecology.The introduction of civil law into the discussion category of "discipline-law relationship" is of great significance to enrich the specific connotation of "discipline-law relationship" and promote the deep convergence and coordination of party discipline and state law.The fundamental goal of comprehensively and strictly governing the party is to consolidate the party’s leadership of socialism with Chinese characteristics and provide a strong political organization guarantee for the great rejuvenation of the Chinese nation."Behind every chapter and article of the Civil Code,there is our party’s unchanging original intention to enhance the well-being of the people and safeguard the fundamental interests of the overwhelming majority of the people." This is in line with the fundamental goal of comprehensively and strictly governing the party.Therefore,it is necessary to find a broad space for connection with party discipline from the civil law,in order to further maintain the good party style and social style of anti-corruption and uphold integrity,and to strengthen the foundation of the people’s support for the party’s leadership in governing,and to provide peace and rationality,humility in public power,and protection of private rights.Disciplinary enforcement methods.The multidimensional characteristics of the "discipline-law relationship" are the feasibility prerequisites for demonstrating the application of party discipline with reference to the civil law.From a theoretical and logical point of view,the constitution implies the requirements for the protection of private rights by internal party regulations;the civil law is an intermediate norm for the connection between internal party regulations and criminal law;from a practical logic point of view,the civil law fills in the specific adjustment content of party discipline;the civil law deepens party discipline The adjustment function.Interpreting the relationship between party discipline and civil law through abstract conceptual descriptions cannot cover the complicated phenomena of the relationship between discipline and civil law.Therefore,the author intends to adopt a typified method to study the main types of party discipline that refer to civil law.First of all,we must adhere to the principle of party discipline for the system and the civil law to classify internal party regulations.The internal party regulations are mainly divided into party building regulations and party leadership regulations.The legitimacy of the party’s construction laws and regulations comes from the relationship between party members and the party’s autonomy of will.The party’s leadership laws and regulations are special provisions of the party’s construction laws and regulations.In addition to the autonomy of the will,the legitimacy of the law also accepts the adjustment of the rule of law principles..The civil law is mainly related to the types of violations that protect the party’s leadership regulations.Civil rights can be divided into purely private law rights,purely public law rights and mixed public-private rights.Depending on the nature of the civil law,different civil rights and party discipline have different cross-fields.According to the value hierarchy of rights and the status in the logical system of legal order,civil juristic acts can be used as the constituent elements of the evaluation of disciplinary violations,and the consequences of the actions can also be used as the basis for determining whether or not disciplinary violations are violated and the extent of disciplinary measures.In practice,the application of party discipline can be divided into three types with reference to the civil law.According to the principles of public order and good customs and the principles of equality,the identification of violations of life discipline and clean discipline,respectively,boil down to the reference application of the basic principles of civil law in the application of party discipline.According to the civil juristic act as the constitutive element of the violation of discipline and the influence of the dimension of the effectiveness of the civil juristic act on the determination of the violation of discipline,it boils down to the reference application of the theory of civil juristic conduct in the application of party discipline.The description of the theory of joint infringement based on the determination of joint violation of discipline,boiled down to the application of tort liability in the application of party discipline. |
