Diversified Supply of the Construction of the Law of China
May 14, 2021 08:18 Source: "China Social Sciences" May 14, 2021 Issue 2165 Author: Liu Yida

Governing the country according to law must first solve the supply of supply regulations in the rule of law,"Fa -Youyou" and "Scientific Legislative Legislative" in the two "sixteen characters",All are to give the rule of law with sufficient and high -quality standardized supply。In the process of promoting the construction of China in the integration of rule of law,Also there are questions about regulatory supply,The purpose is to make the country、Government、All aspects of society can do it, it can be based on。Basically built in the country of rule of law、Government of rule of law、Law of the rule of law,It is an important aspect of the long -view goal of 2035,This requirement to achieve a full range、Multi -field、The rule of law without blind spots。The standard supply that is compatible with it must also be diversified,It mainly includes the national legal system with the constitution as the core、The party charter as the fundamental party's intra -party regulations and system、Social specification system that reflects the concept of co -construction and co -governance sharing、The moral norm system that embodies the core values ​​of socialism。

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As early as the establishment of New China,Dong Biwu, an important pioneer of my country's legal system construction, proposed,"Establish a new regime,Naturally to create laws、Act、Regulations、System。In order to enable the state power to run in accordance with the law、Social affairs governance according to law,We have formulated a series of laws such as the "Common Program", "Organization of the Central People's Government" and "Marriage Bet365 lotto review Law"。Long -term effort,Socialist legal system with Chinese characteristics can be formed and continuously improved,National and social life all aspects of all aspects have been realized in general,This effectively enriches the standard supply of the construction of China in rule of law。Of course,With the continuous advancement of the cause of socialism with Chinese characteristics,Substation of thin and weak points in the national legal system is inevitable,This requirement continues to strengthen key areas、Emerging fields、Legislation in the field of foreign -related fields。For example, after the reform of the national supervision system,The exercise of the monitoring right is a new field that needs to be adjusted by law,The National People's Congress and its Standing Committee passed the amendment of the Constitution、Develop the "Supervision Law",and give the National Supervision Commission to formulate the authority of supervision regulations,Provides legal guarantee for the operation of the supervision system。

Regulatory supply as a rule of law in China,The role of the national legal system is also manifested in the following two aspects: First, national law's restraint on other types of specifications。This is because the constitution and law are supreme,The specifications of other types must not be against it。For example,According to Article 27 of the Organization Law of the Villagers' Committee,Villagers' autonomy regulations and village regulations for social specifications,No constitutional、Law、Regulations and national policies conflict。Second is the guarantee of national law on other types of specifications。National law has compulsory characteristics,Relying on the country's coercion to ensure the implementation,This can be used as a guarantee for other types of specifications。For example, Article 40 Bet365 lotto review of the "Public Officials' Government Affairs Law" provides,Public officials have serious violations of family virtues、behavior of social morality,will be punished to a certain amount,This is the implementation of moral norms based on legal norms。

  Taking the party constitution as the fundamentalThe regulations and system system in the party

The Fourth Plenary Session of the Eighteenth Central Committee of the Party incorporated the "formation of a perfect party regulations system" into the general goal of comprehensively advancing the country in accordance with the law。The Communist Party of China is the world's largest ruling party with more than 91 million party members,is the core of the leadership of socialism with Chinese characteristics。This is the case,The construction of China in China is naturally inseparable from the rule of law of the internal governance of political parties,and the party's rule of law to the leadership of the state and social affairs,This corresponds to "governing the party in accordance with the regulations" and "the leadership of the party's leadership、Rule of rule of law "decision deployment。The "China Construction Plan of the rule of law (2020-2025)" issued by the Central Committee of the Communist Party of China is proposed,"Continuously improve the party's organizational regulations、Party Leadership Regulations、The Party's own construction regulations、Party Supervision and Guarantee Regulations ",This promotes the continuous improvement of the party's regulations and regulations,Then it provides sufficient specifications for the construction of the integration of China in the rule of law。

This can be seen,The functional performance of intra -party regulations in the construction,It is both an institutional carrier that govern the rule of law in the party,It is also an important form of the party's leadership of the rule of law。Pointing Bet365 lotto review to the party's own construction activities,and the party's leadership activities for the country and society。Given that national and social affairs are mainly adjusted by national laws,Therefore, there are inextricable contacts with national laws in the party,It is necessary to realize the connection and coordination of the two。One aspect,Internal party regulations shall be coordinated with the rules of constitutional laws,According to Article 32 of the Regulations of the Communist Party of China,Same as the Constitution、In -party regulations that conflict with laws and administrative regulations,It should be ordered to correct or revoke。On the other hand,Different scope of adjustment of intra -party regulations and national laws,But pay attention to each other's two -way connection。For example,The Civil Service Law stipulates the national civil servant system,But also made principled regulations on the "Cadre route and policy of the Communist Party of China" and the "principle of party management cadres",So,It is necessary to use the "Regulations on the Selection and Appointment of Party and Government Leadership Cadres" and "Regulations on the Work of Cadre Education and Training",Let these routes、Guidelines and principles are implemented in practice。

  The concept of co -construction and co -governance sharingSocial Standard System

The tentacles of national power cannot be pervasive,The functions of social autonomy must be played,The report of the 19th National Congress of the Communist Party of China proposes to "build a social governance pattern of co -construction, co -governance sharing" means here。As early as 1957,Mao Zedong in the article "Questions to the Correct Handling the Contradictions of the People's",Negative views of "Everyone and everything are wrapped in the government",and think "Many people,Many things,You can find a Bet365 app download way by social groups "。In a mature society,Usually there is a set of rules used to achieve self -discipline and autonomy,Including but not limited to citizen conventions、Township Regulations Council、Industry Regulations、Group Articles of Association。Although these social specifications do not rely on the country's coercive force to ensure the implementation,Function players are not limited to judicial procedures,There is even a certain elasticity in applicable,but,It is in affinity、Comparison advantages of flexibility and negotiation,It is unable to be possessed by national laws。Especially in the modern rule of law society,Not all transactions are directly adjusted by national laws,Many areas are adjusted by social specifications,It can achieve standardized operation of social order。

but but,The role of social norms is not all positive,For example, industry specifications formulated by some industry organizations,Since it was introduced by the leaders of the industry,Even if you fail to take care of the interests of other participants in the industry。For this,When the social self -discipline mechanism is lost,State power should take the initiative to intervene and intervene。There are two specific performance: First, strengthen the supervision of the formulation and implementation of social norms,For example, in practice,The village regulations of the village regulations that "the son -in -law cannot be separated",It is found invalid due to violation of the provisions of the "Rural Land Contracting Law"; the second is to introduce a demonstration text of social norms,For example,Hunan Provincial Housing and Construction Department issued a demonstration text such as the "Rules of the Owner Conference" in April 2020。Of course,The intervention and intervention of the country must be Bet365 app download modest and appropriate,Improper interference to social autonomy,It will only make social norms have their tables。

  The core values ​​of socialismMoral Normal System

The construction of China in rule of law cannot ignore the unique role of moral norms,It is necessary to adhere to the combination of governing the country according to law and the country with virtue。One aspect,Some areas do not require the intervention of national laws and internal party regulations,Especially during the construction of the social construction of the rule of law。For example,General Secretary Xi Jinping is talking about "Autonomy、rule of law、The rural governance system combined with Dezhi "pointed out,"To strengthen rural moral construction,Deepen the moral norms contained in the society of rural acquaintances "。On the other hand,Moral norms can promote national laws and internal party regulations to observe,This manifestation is that only those moral laws can get beliefs from the heart,It is also reflected in many violations of laws and disciplines that often start on moral loss。For this,"Outline of the Implementation of the Construction of Social Construction (2020-2025)" clearly proposed to strengthen the construction of moral norms,Requirement "combining legal norms with moral norms"。

The standard supply type required for the construction of China in the same belonging to the rule of law,Moral specifications can be converted into national laws,Make flexible morality to obtain the protection of rigid laws。Of course,Moral transition to national law,Usually just those widely agreed、More mature、Operating moral requirements。For example,"Plan for the Integration of the Core Value of Socialism into the Law Construction Legislative Law" issued by the Central Committee of the Communist Party of China,It is required to "promote the enrollment of the core values ​​of bet365 live casino games socialism"。The last period of the period,Legislative agencies at all levels are also actively practicing this proposition in legislative activities,For example,"Civil Code" not only states "promoting the core values ​​of socialism",Each editor also reflects the moral requirements of core values。It is worth noting that,Moral after all is different from the law,Excessive moral requirements are not suitable for members of all society,Not all moral requirements can be expressed through legal language,Therefore, when turning moral norms into national laws,You must adhere to the principle of actual departure,Respect objective legislative laws。

(Author is an associate professor at the School of Law of Hunan University)

Editor in charge: Changchang
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