党内法规建设理念转型:从“形式法治”到“法理型法治”——基于改革开放40年来党内法规文本的考察

Transformation of the Concept of the Construction of Inner-Party Laws and Regulations:From“Formal Rule of Law”to“Legal Rule of Law”——Based on the Investigation of the Party’s Laws and Regulations in the Past 40 Years of Reform and Opening-up

"形式法治"与"实质法治"是传统法治政党、法治国家建构的两套理论范式,而作为有效吸纳"形式法治"与"实质法治"基本理念的"整合型"法治类型,"法理型法治"不但超越了传统二元法治理念在理论层面的对立局限,而且更加深入阐释改革开放以来某一具体阶段,中国共产党党内法规建设历程与实践图景,并提供富有解释力的理论资源。1978年至1997年之前,党内法规建设基于"形式法治"理念持续推进,党内法规在数量与覆盖领域上均有明显进展。1997年后至2012年之前,"形式法治"理念不断强化,与此同时,"法理型法治"理念逐步萌芽,党内法规建设呈现出体系性、价值性、实效性等"实质法治"特征。2012年后,"法理型法治"理念充分发展,党内法规建设在立规数量、合法(合规)化、体系化、规范化以及法治价值彰显等方面共同推进。党内法规建设理念转型与嬗变,体现出消解政治体制结构的内在张力、先进性政党的塑造、良法善治的内在要求以及运动化治理纠偏等内在逻辑。

"Formal rule of law" and "substantive rule of law" are two sets of theoretical paradigms constructed by traditional political parties and countries under the rule of law. As an "integrated" type of rule of law that effectively integrates and absorbs the basic concepts of "formal rule of law" and "substantive rule of law", the "legal rule of law" not only goes beyond the theoretical limitation of the traditional dual rule of law concept, but also can further explain the process and practice prospect of the CPC’s internal laws and regulations construction at a specific stage since the reform and opening up and provide theoretical resources with explanatory power. From 1978 to 1997, the construction of inner-party laws and regulations continued to advance based on the concept of "formal rule of law". The number and coverage of inner-party laws and regulations have made significant progress. From 1997 to 2012, the concept of "legal rule of law" has gradually sprouted. Not only has the concept of "formal rule of law" been strengthened, but also the construction of inner-party laws and regulations has shown the characteristics of "substantive rule of law" such as systematization, effectiveness and operability. After 2012, the concept of "legal rule of law" has been fully developed, and the construction of the party’s laws and regulations has been jointly promoted in terms of the number of regulations, systematization, standardization, legality(standardization) and the demonstration of the value of the rule of law. The transformation and transmutation of the construction concept of inner-party laws and regulations embodies the internal tension of dissolving the dualistic political system structure, the shaping of advanced political parties, the internal requirements of good laws and good governance, and the theoretical logic of rectifying deviation by exercising governance.