法治体系内的党内法规探析

Study on the Party Rules and Regulations within the System of Rule of Law

形成完善的党内法规体系,是全面推进依法治国的一项重要任务,也是在制度建设层面贯彻"全面从严治党"的重要抓手和关键依据。因此,有必要把党内法规置于法理学的研究视野中,明晰其制度逻辑,厘清其话语源流、制度定位和体系架构。党内法规与国家法律之间主要呈现五种关系,即价值取向的一致性、规范对象的相融性、功能发挥的互补性、文化倡导的层级性、制度建设的衔接性。在法治体系的视野里探析党内法规问题,具有十分重要的学术价值和实践意义。

The formulation of a well-defined system of Party rules and regulations is one of the major tasks to comprehensively implement the law-based governance of China, and also important means and basis for comprehensively strengthening Party self-discipline from the perspective of systematic building. Therefore, it＇ s quite necessary to study Party rules and regulations from the perspective of jurisprudence, to identify the logics of the system, its origins of discourse, systematic positioning and framework. There are mainly 5 kinds of properties for the relationship between the Party rules and regulations and the state laws, namely, the consistency of value orientation, the integrity of regulatory targets, the complementarities of functions, the class oriented nature of cultural advocacy, and the cohesiveness of system building. As a result, to study the Party rules and regulations in the context of rule of law enjoys important academic value and practical significance.