中国特色社会主义法治体系下党规与国法平行关系

The Parallel Relationship between Inner-Party Laws and Regulations and National Laws under the Socialist Legal System with Chinese Characteristics

党内法规与国家法律的关系是中国特色社会主义法治体系建构的先决性问题,不仅关系到党内法规体系与国家法律体系的衔接与协调,更关系到依法治国与依规治党的有机统一。对二者关系的认知,通常以国家法律高于党内法规,党内法规严于国家法律这一表述最具代表性,也肯定了党内法规与国家法律之间是一种相辅相成、相互促进、相互保障的关系。但就其本质而言,在深刻理解习近平新时代中国特色社会主义思想与习近平法治思想核心要义的基础上把握中国特色社会主义法治体系下的党内法规与国家法律的关系,应当充分认识到二者本质上是一种平行关系下相互独立、相辅相成、不存在高低之分的二元关系,并同时作为中国特色社会主义法治体系下的原生性子体系共同发挥着依法治国与依规治党相互促进、有机统一的基础性作用,且呈现互相独立、相互配合、相互保障、相互制约的一种新型制度形态。二者共同构成了中国特色社会主义法治大厦的制度根基。党内法规与国家法律的关系表明,中国特色社会主义法治需要在理论上建构自身的学术话语体系,以突破西方法治语境下“法律一元主义”的传统思维模式。这意味着,中国特色社会主义法治体系中法律不应被视为唯一的最高规范,同时更要以完善的党内法规体系开辟制度治党、依规治党、全面从严治党新境界,以党内法规的道德性宣示来弥补法律的不足,以党员的先锋模范作用引领社会道德风尚,以统一的思想凝聚社会多元价值,实现依法治国、依规治党有机统一基础上的国家治理体系和治理能力现代化建设目标。

The relationship between inner-party laws and regulations and national laws is a prerequisite for the construction of socialist legal system with Chinese characteristics.It is not only related to the connection and coordination between inner-party laws and regulations and national legal system,but also related to the organic unity of ruling the country according to law and ruling the party according to regulations.The cognition of the relationship between the two is usually represented by the expression that the national law is higher than the inner-party laws and regulations,and the inner-party laws and regulations are stricter than the laws.At the same time,it also affirms that the inner-party laws and regulations and the national laws complement each other,promote each other and guarantee each other.But in essence,in the deep understanding of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era and Xi Jinping Thought on Rule of Law,China should grasp the relationship between the inner-party laws and regulations and the national laws under the rule of law system with Chinese characteristics.We should fully realize that the two are essentially a parallel relationship of two independent relations,which are independent,complementary,and not high or low.At the same time,as the original subsystem under the socialist legal system with Chinese characteristics,it will jointly play the basic role of mutual promotion and organic unity between ruling the country according to law and ruling the party according to regulations,and present a new institutional form of mutual independence,mutual cooperation,mutual guarantee and mutual restriction.Both constitute the institutional foundation of the building of socialist rule of law with Chinese characteristics.The relationship between inner-party laws and regulations and national laws shows that the socialist rule of law with Chinese characteristics needs to theoretically construct its own academic discourse system in order to break through the traditional thinking mode of"legal monism"in the context of western rule of law.It means that in the socialist legal system with Chinese characteristics,the law should not be regarded as the only highest norm.At the same time,it is necessary to open up a new realm of ruling the party by system,by rules and strictly in an all-round way with a perfect system of inner-party laws and regulations,make up for the shortcomings of the law with the moral declaration of inner-party laws and regulations,and lead the social moral trend with the vanguard and exemplary role of Party members.We should use unified thinking to condense multiple social values and achieve the goal of modernizing the national governance system and capacity based on the organic unity of governing the country according to law and the party according to regulations.