党纪体系建设科学化的逻辑与对策

The Logic and Countermeasures of the Scientific Construction of CPC Discipline System

党纪在中国共产党乃至整个国家的治理中处于重要地位,对党纪体系建设科学化问题进行研究十分必要。长期以来,党纪条例存在的主要问题是纪律与法律存在内容重复,某些纪律宽于法律等。文章从人的不适当行为出发,运用社会科学理想概念类型框架和数学中的集合概念框架,对纪律和法律的关系等三类主要理论问题进行逻辑分析,认为纪律应当严于法律;纪律应当包含法律,但从执行层面来看,可以并应当把纪律和法律分开;强调纪律的重要性不应与法治的原则相抵触。据此着重就如何克服执行"短板",把党纪体系建设科学化建设落到实处提出了两个方面的建议。

The CPC discipline plays a core role in both CPC and even the whole nation governance. This decides that it is very important to study the scientific construction of CPC discipline system. The current CPC discipline system has three kinds of problems. They are the serious overlap between discipline and law, lower regulation standards of discipline than law, and the inconsistence with the principle of rule of law. Based on the improper be- haviors of the human beings and aided by the ideal type framework and set concept framework, this paper analyzes the three kinds of theoretical questions such as the relation between discipline and law. The conclusions are that the discipline should be more severe than law, and that the discipline should include the law. But in implementation, the discipline and law may and should be separated from each other. Emphasis on the discipline should not conflict with the principle of rule of law. In order to overcome the ＂ short slab＂ of the implementation, this article provides two suggestions for the scientific construction of the CPC discipline system.