党内法规制度建设与依法执政、依法治国、依规治党关系的理论阐释

Theoretical Interpretation of the Relationships Between the Institutional Building of the Intraparty Rules and Regulations and Law-Based Governance, Law-Based Governance of the Country and Rule-Based Governance over the Party

依法治国与依规治党的有机统一构成法治的中国特色。加强党内法规制度建设对中国共产党依法执政、依法治国和依规治党具有重要意义。党内法规对中国共产党依法执政、依法治国的保障作用主要体现在三个方面:一是规范党组织和党员(特别是党员领导干部)的行为,实现全面从严治党,保障党的先进性和纯洁性;二是规范党直接行使相关国家公权力的行为,为党的执政行为直接提供规范依据;三是以直接或与国家机关联合发文的形式对一定国家事务作出规定,推动国家相应事业的改革、创新和发展。党内法规主要通过三种途径为中国共产党全面从严治党、依规治党提供制度保障:一是制度创建;二是程序设计;三是行为规范确立。要有效发挥党内法规的各项作用,就必须注重党内法规同国家法律的衔接协调,加强和保障党内法规制定的民主性、科学性和规范性,进一步健全党内法规的实施和监督机制,提高党的各级领导干部依照党内法规和国家法律开展工作的能力。

The organic unity of the law-based governance of the country and the rule-based governance over the Party constitutes the Chinese characteristic of rule of law.Strengthening the institutional building of the intraparty rules and regulations is of great significance to the CPC’s law-based governance,law-based governance of the country and rule-based governance over the Party.The role of intraparty rules and regulations in safeguarding the CPC’s law-based governance and the law-based governance of the country is displayed mainly in three aspects:first,regulating the behavior of Party organizations and Party members(especially leading officials of CPC)to achieve full and rigorous governance over the Party and to guarantee the advanced nature and purity of the Party;second,regulating the Party’s direct exercise of relevant state public power to provide a direct basis for the Party’s governing behavior;third,making regulations on certain state affairs directly or in the form of joint documents with state organs to promote the reform,innovation and development of corresponding national undertakings.There are three main ways to achieve the role of intraparty rules and regulations for the CPC to the full and rigorous governance over the Party and the rule-based governance over the Party:first,the creation of the system;second,the design of procedures;and third,the establishment of behavioral norms.To effectively play the role of intraparty rules and regulations,it is necessary to pay attention to the linkup and coordination between intraparty rules and regulations and national laws,strengthen and guarantee the democratic,scientific and normative formulation of intraparty rules and regulations,further fulfill the implementation and supervision mechanisms of intraparty rules and regulations,and improve the ability of the Party’s leading officials at all levels to carry out their duties according to intraparty rules and regulations and national laws.