论宪法与党章的关系

On the Relationship Between the Constitution and the Constitution of CPC

在中国特色社会主义法治体系的"顶层设计"下,宪法和党章的关系应当作出合理而适切的安排。两者应当是相互区别、相互呼应、相得益彰的关系。从相互区别来看,宪法和党章分属不同的规范体系,由于各自性质、约束对象、效力形式不同而不可将两者混为一谈。从相互呼应来看,宪法和党章在外在表现形态上呈现出一致性,宪法确立了党的领导地位,党章要求党在宪法范围内活动,党章所确立的治国理政的基本方略又成为宪法制定实施的基本指针。从相得益彰来看,宪法和党章实质统一于治国理政与从严治党的实践中,统一于"把权力关进制度笼子"的客观需求中,统一于"维护人民根本利益"的目标追求中。

Under the ＂Top-level Design＂ of the Socialist Rule of Law System with Chinese Characteristics, the relationship between the Constitution and the Constitution of CPC shall be duly and properly dealt with. The two should be mutually distinct, corresponding, and co-adjutant. From the distinct aspect, the Constitution and the Constitution of CPC belong to different normative systems, and on account of their distinctive nature, object and legal effects, the two should not be confused with each other. From the corresponding aspect, the Constitution and the Constitution of CPC express the similar gist, the former established the leader status of the communist Party, and the latter requires the Party to function within the framework of the Constitution, the general plan for governing the country written in the Constitution of CPC became the guiding principle of the Constitution. From the co-adjutant aspect, the Constitution and the Party Constitution co-exist in the practice of governance and Party self-discipline, in the needs of ＂putting power into the cage of institution＂, and in the goal of＂maintaining the fundamental interests of the people＂.