Study On The Effectiveness Of The Party’s Laws And Regulations

In the era of comprehensively enforcing strict Party governance,clarifying the effectiveness of intra-Party laws and regulations is not only the premise of giving better play to the normative role of intra-Party laws and regulations,but also an effective way to effectively promote institutional governance of the Party and governing the Party in accordance with regulations.The effectiveness of inner-party laws and regulations is a fundamental problem with Chinese characteristics,which is related to the quality of inner-party laws and regulations and the effect of enforcing regulations.Since the Fourth Plenary Session of the 18 th CPC Central Committee,although the academic circle has gradually deepened the research on intra-Party laws and regulations,on the whole,there are still deficiencies in the basic theoretical research on intra-Party laws and regulations,and there is a lack of necessary attention to the effectiveness of intra-Party laws and regulations.In the centenary of the establishment of the party,it is of great significance to clarify the basic theory of the effect of inner-party laws and regulations,identify the source of the effect of inner-party laws and regulations,clearly define the scope of the effect of inner-party laws and regulations,and establish the principles of dealing with the conflict of the effect of inner-party laws and regulations for improving the system of inner-party laws and regulations and promoting the governance of the party according to rules and regulations.Starting from the perspective of legal effectiveness,this paper first expounds the basic theory of the effectiveness of inner-party laws and regulations.Clarifying the connotation of the effectiveness of inner-party laws and regulations is the premise of the research,and this concept should be defined from the perspective of the scope,value and guarantee of its effectiveness.After the definition of inner-party laws and regulations is determined,another important content is the characteristics of such effectiveness.Specifically,the effectiveness of inner-party laws and regulations shows the characteristics of objectivity,hierarchy and overflow,and its effectiveness is manifested as binding force and coercion force.The current academic researches on the sources of the effectiveness of intra-Party laws and regulations generally start from four perspectives: special power relations,the legitimacy of the process of the formulation of intra-Party laws and regulations,the self-disposition of the rights of Party members and the leadership of the Communist Party of China.Although these theories all explain the sources of the effectiveness of intra-Party laws and regulations to a certain extent,they also have some shortcomings.From the practice of rule of law and the experience of the CPC in governing the Party,the effectiveness of the Party’s laws and regulations should come from the following three aspects: the internal logic of party autonomy,the practical demand of the rule of good rules and the voluntary obedience of Party members;Thirdly,it expounds the scope of inner-party laws and regulations.The scope of the effectiveness of inner-party laws and regulations includes many aspects and has a certain complexity.Specifically,the scope of its effectiveness includes three levels: object effectiveness mainly includes two aspects: inner-party and outside party;There are two kinds of spatial effectiveness: the effect of the inner-party regulations of the central government is nationwide except for special provisions;the effect of the inner-party regulations of the local government is only effective within a specific scope;Time validity involves the validity,invalidation and retroactivity of the inner-party laws and regulations.Finally,this paper discusses the rules of dealing with the conflict of party rules.In practice,the conflict of the effectiveness of inner-party laws and regulations is manifested in two forms: one is internal effectiveness conflict,that is,the conflict between different levels of inner-party laws and regulations;The second is the conflict of external effect,that is,the conflict of internal party regulations and national legal effect;To avoid the conflict of internal effectiveness,we should make clear the rank of the effectiveness of internal laws and regulations.In order to ensure the development of inner-party regulations in line with the requirements of the socialist rule of law with Chinese characteristics,the external force conflict can be established by establishing the principle of proportionality and not being allowed to contradict the law.