The construction of the party's within the party: an important foundation for the rule of law in the party
June 27, 2019 08:40 Source: "China Social Sciences" June 27, 2019, Issue 1722 Author: Shi Xinzhou

In -party regulations specifically refer to the regulations of the Communist Party of China,Is the work of regulating party organizations、The general name of the party rules and regulations of activities and party members,The category of the party's system construction。On the one hand,It is the institutional foundation that realizes the rule of law within the party; on the other hand,,It is an important guarantee for promoting the party's leadership and the realization of the transformation of the rule of law。So,The construction of the party's intra -party regulations and systems is a key link to promote the rule of law in accordance with the law and the construction of a socialist rule of law。

For the 40 years of reform and opening up,The construction of the party's within the party has gone through standardization、Systematic development process,Gradually formed a plan for the formulation procedure、Plan、Draft、Approval、​​Published、Newspaper、Applicable and explanation workflow,Formed in terms of effectiveness level, the party constitution is the guideline、Regulations、rule、Regulations、Measures and rules Institutional levels,Gradually formed the organizational regulations on the content of the content、Party Leadership Regulations、The Party's own construction regulations and party supervision and guarantee regulations, including the party's supervision and security regulations,The systemicity of the party's regulations and system systems as a whole、Normative、Scientific、effectiveness and authority。This internal regulations and system regulatory system and the implementation system of the party's regulations and the supervision and guarantee system of the party's intra -party regulations,jointly constructed the rule of law system in the party,Scientific governance for the Communist Party of China、Democratic Governance、Governance according to law,For the party's leadership, the country is governing the country in accordance with the law and the construction of a socialist rule of law,It laid a solid system and system foundation。

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  The procedures for the formulation of intra -party regulations are more standardized.Since the reform and opening up,The Party Central Committee attaches great importance to the construction of the party's within the party,"Several Guidelines on Political Life within the Party of the Eleventh Central Committee of the Party" (February 29, 1980) to the "Interim Regulations on the Internal Regulations of the Communist Party of China" (July 31, 1990 31, 1990 Daily issuance),The construction of the party's intra -party regulations has opened a standardized process in formulating work,and the "Regulations on the Establishment of the Communist Party of the Communist Party of China", which was implemented on May 27, 2013, marked this standardization and relatively mature。The standardization of the formulation of the formulation of intra -party regulations borrowed the mature experience of the construction of the legal system at the technical level,Specific performance in: First, the text format format in the party's regulations,A standardized clause items and corresponding chapter structures,It is more standardized in the external form; the second is to define the different formal subjects of the central and local party regulations,Clarifying the specific formulation permissions and scope; the third is to clarify the formulation process and its specific method,improving the formulation of intra -party regulations、Explanation、Implement、File review、Specific regulations such as cleaning up and evaluation,The entire formulation process is more scientific and reasonable。

  The goals of the construction of the party's regulations and systems are clearer.From the "Five -Year Planning Outline of the Five -Year Plan (2013-2017)" for the first time of the "Five -Year Planning of the Central Party (2013-2017)"、The program is tight、Complete supporting、The idea of ​​running effective party regulations and systems ",To the "Opinions on Strengthening the Construction of the Party in the Party" require、Efficient party regulations and system implementation system、A strong party regulations and system construction guarantee system ",The goal of the construction of the party's intra -party regulations and system has achieved the one -way requirement from the level of institutional specifications to the system specification、Specific implementation and supervision and guarantee three levels of composite structure。Of course,The functional goal is consistent,That is to improve the scientificization of the party's construction,Promoting the democratization of life within the party,Scientific rule of law to realize the functions of party leadership and governance。Specifically divided into three levels,First, as far as the improvement of the construction of the party's regulations and systems itself,It is necessary to promote its systemicity and synergy; the second is to optimize the structure of the party organization,To promote the standardization and adaptability of party organizations and its operation; third, as far as the functional optimization of party organizations,To promote the ability of intra -party governance、Social mobilization ability and party leadership governing ability。

  The construction of the party and regulations in the party is more scientific in content.After clarifying the core concept of "intra -party regulations",The construction of intra -party regulations and systems began to move towards scientific and standardized directions,Each newly formulated party regulations have a qualitative improvement in content,and present a gradual path。At the same time,Due to formulating the subject、Party organization level and its activity nature、Different classification of party members and their behavioral attributes,Each internal regulations of the party must reflect the general nature of the formulation of intra -party regulations,It must also reflect its particularity,Objectively formed a system specified system and its scientific construction process。Specific performance: First, the party's regulations and regulations are more reasonable in the formation of the system,Preliminary division of the party constitution from the past,To the "seven -point method" of the classification of party building,Then go to the current "four -point method",The regulations and system system in the party has formed a content science、Reasonable configuration、Comprehensive supporting institutional framework。At the same time,It not only includes a physical party regulations,It also includes procedural and functional intra -party regulations。Second, the specific content of the party regulations is more scientific,On the one hand, it involves the composition of party organizations and party members、Behavior and its functions,has inherent synergy; on the other hand, the expression is clear and accurate、Simple specification,More towards operability。

  The construction of the party's regulations and systems is more guaranteed in the system and mechanism.Since the reform and opening up,Especially the introduction and revision of procedure regulations for the formulation of intra -party regulations,The establishment of the system and mechanism of the construction of the party's regulations and systems is becoming more mature,Gradually formed a long -term mechanism such as the establishment of reform and waste and cleaning up in the party regulations。Specific three aspects: First, the leadership system and mechanism of the construction of the party's regulations and systems is more physical,Established a central unified leader、The Central Secretariat is responsible、The Central Office of the Central Office undertakes coordination and coordination and its regulatory work agencies to undertake the leadership system and operating mechanism of specific affairs,Relevant departments of the Central and local party committees have established a top -down specialized agency and corresponding mechanism; the second is that the formulation of intra -party regulations is more planned,The periodic promotion mechanism with the "five -year plan" and "annual plan",This has been concentrated in the party history of party history in July 2012 in July 2012,and its in -party regulations that have been implemented in 2013 in 2013, the first five -year planning to the second five -year plan of 2018 can be glimpsed; the third is that the implementation of intra -party regulations and systems is more effective sex,improving the supervision and inspection system of discipline,Solved the style of laziness、Discipline is relaxed and strict with discipline and discipline,Effectively enhanced the implementation of the regulations and regulations in the party。

  The construction of the party's intra -party regulations and systems show political requirements."The leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics",The party as the highest political leadership for the party,It must be based on the overall situation、Coordination of the principles of all parties,Play the core role of leadership in various organizations at the same level,Therefore, its attribute、status and role are different from political parties in the general sense。Compared to the general method,Internal party regulations emphasize their own normality while paying attention to political requirements,This is determined by the party's long -term leadership and governing status。The specific reflection is: First, the part of the party constitution and the three standards directly stipulate the party's political attributes and its specific requirements; the second is to strengthen the party's centralized unified leadership,For example, "Several Provisions of the Political Bureau on Strengthening and Maintaining and Maintaining the Leadership of the Central Committee of the Party" and the provincial party committee's "Regulations on Maintaining the Realing Leadership of the Party Central Committee" Specifies specifically stipulated its political nature,For example, the "Regulations on the Work of the Communist Party of China" regulations on the "government agencies" attributes of political and legal organs,and the relevant provisions of the relevant provisions on adhering to the party's leadership principles and the implementation of the party's guiding ideology。The political requirements of the construction of the party's regulations and systems not only reflect the attributes and characteristics of China's political body itself,It also reflects the party's leadership and governing status and its political requirements,and the party organization's own realization。

 The basic laws that must be followed by the construction of the party within the party

Since the Third Plenary Session of the Eleventh Central Committee,The Party Central Committee attaches great importance to the construction of the rule of law,In the concept of governing the country, the basic strategy of governing the country as the party to lead the people to the party to govern the country,and determine the basic way of governing the country as the party governing the country。Realize governing the country according to law and governing according to law,Then we must first realize the rule of law in intra -party governance。

The decision passed by the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China,Governance in accordance with the law requires the party to govern the country in accordance with the constitutional law,It is also required to control the party in accordance with the party's laws and regulations,This clarifies the basic basis for achieving intra -party governance and national governance.。The 19th National Congress of the Communist Party of China requires the organic unity of governing the country and governing the party according to the law,It also emphasized that the construction of the party's regulations and systems directly restricts the key nature of the party's rule of law and the construction of the national rule of law,Therefore, it is necessary to follow the country of rule of law、Government of the rule of law and the society of rule of law,Govern the country according to law、Governance according to law、The requirements of administration and regulations in accordance with the law,Follow national governance、intra -party governance、The rule of law requirements of government governance and social governance and their basic laws。

  First,Based on the rule of law of national governance,Follow the basic laws of national power construction。Internal regulations and systems directly stipulate the party's attributes and party's organizational structure and function,to ensure the construction of state power、Development and stability。The nature of the state is the nature of the state regime,To a certain extent determines the national form。Article 1 of my country's Constitution clearly specifies the nature of the country, that is, the state of the country,This fundamentally determines the implementation of the organizational form of my country's state power and the specific content of its related system。At the same time,Only the compatible national form can reflect the nature of the country and truly realize the state power。State power as a upper -level building based on economic basis,It has a unique law for its construction,At the same time, it will be subject to national historical tradition、Domestic reality conditions and constraints and influences of various factors。The leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics,The construction of the party and regulations in the party shall follow the basic laws of national power construction,Promote the rule of law by its own rule of law,Then to ensure the security, stability and construction development of the state power。For this,The construction of the party and regulations in the party is to adhere to and show the principles and spirit of my country's constitution; the second is to focus on strengthening and consolidating the party's leadership position; It must be conducive to democracy and national democracy within the party、Effective connection and organic unity of the rule of law and the rule of law in the party; Fifth, it must help strengthen the close contact between the party and the people。

  2,Based on the rule of law of the governance within the party,Follow the basic laws of the party's construction。The regulations and regulations of the party are the institutionalized expression of the will of the whole party,At the value level, we must first reflect the basic attributes of the party organization as a political organization、Political program and value goals; to reflect the party organization at the institutional level、The composition of cadres and party members and their behavior is standardized; at the level of the operating mechanism, the principles and rules that party organizations and party members should follow in the corresponding activities。This constitutes a systematic and stable party regulations and system system that guarantees party organizations in terms of structure and functions,This is the basic premise of governing the rule of law within the party。As mentioned earlier,The implementation system and supervision and guarantee system of the party's regulations and regulations and systems in the party,Lile the basic framework guarantee for the rule of law within the party。The scientific nature of the party's regulations itself directly reflects the optimization of party organizations in structure and function,Therefore, the party's construction must follow the party's own construction rules。For this,The construction of the laws and regulations within the party is based on the party constitution as the fundamental basis,Adhering to the purpose and principles of the party constitution; the second is to pay attention to the requirements of party spirit and moral morality,Let the rules and regulations fully reflect the political nature、Organic unity of morality and rule of law; third, institutional construction must observe the adaptability and flexibility of the party organization in structure and function; the fourth is to adhere to the principle of seeking truth from facts,Starting from actual。

  third,Based on government governance rule of law,Follow the party's leadership and basic laws of governance。The government here is a general concept,Government governance rule of law involves the Party Central Committee and the National People's Congress、Political relationships and operating mechanisms of one committee and one committee of the two houses。The leadership and governing system of any country is an important part of the national political system,According to the requirements of modern constitutional politics,It should be clearly stipulated in the constitution and law,Of course, the leadership and governing system of the Communist Party of China with long -term leadership and governing status is of course this。In the development process of contemporary China,Standardized or rule of law in the procedures and practical mechanisms of the party leading the country's various affairs,It is mainly manifested in the form of within the party's regulations。So,The construction of the party's within the party should follow the party's leadership and the basic laws of governance。For this,First, we must adhere to the party's leadership under the constitutional framework、Guarantee law enforcement、Support judicial、The principle requirements of the law and regulations; the second is to adhere to governing the country according to law、The principles of organic unity of governing the party in accordance with the law and governing the party in accordance with the regulations; the third is to effectively protect the duties of various countries in accordance with the law according to law; ; Fifth, consolidate in principles and directions、Optimize and improve the party's leadership and governance as a return。

  fourth,Guidance with the rule of law of social governance,Follow the basic laws of social construction。From the perspective of French sociology,The focus of the law is in society itself,The focus of the construction of the party's regulations and systems should also be like this。According to the basic attributes of the party and its political requirements,The fundamental purpose of the party is to serve the people wholeheartedly,The Party Constitution stipulates that "the interests of the party except the working class and the interests of the most vast people,No special interests ",This clarifies the fundamental consistency of the party's will and the people's will。This not only shows the people's nature of the party's regulations and systems,It also illustrates the leading and guarantee function of social governance due to the party's social attributes。The general and social requirements of the people's will and social attributes of the party's regulations and regulations are consistent with the general and social requirements of the law,This requires the party's grass -roots organizations to meet the inherent requirements of social governance in terms of structure and function。So,The construction of the party and regulations in the party should be guided by the rule of law and follow the basic laws of social construction。For this,It should help social construction in three aspects: First, through the optimization of the party governance, that is, the activation of the party's grass -roots organization in the party's laws and law,Serving the society and promoting social governance towards good governance; the second is to help the healthy interaction between the internal and external supervision of the party and external supervision in the system; the third is to help adhere to the party's fundamental purpose and basic route,Consolidate the party's leadership and governing foundation。

  (Author Unit: Internal Regulations Research Center of the National Judicial College)

Editor in charge: Zhang Yueying
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