“党内法规”的约定俗成论——兼论“法规”的语义演变

On the Established Practice of“Inner-party Regulation”——Also on the Semantic Evolution of“Regulation”in China

党的十八届四中全会将党内法规体系纳入中国特色社会主义法治体系后,"党内法规"概念的合理性又引起了新一轮讨论。"约定俗成"成为支持"党内法规"合理性的理由之一。但是学界并没有深入研究"党内法规"约定俗成的过程和内涵,只是简单地归结为马克思主义的传统。通过梳理马克思主义经典作家对"党的法律"等概念的使用,分析"法规"在中国的语义演变过程,研究"党内法规"出现的时代背景,可以发现"党内法规"的历史合理性及其中国特色。"党内法规"的约定俗成论可以为论证"党内法规"的现实合理性提供辅助性依据,同时也反映了党在依法治国和依规治党方面做出的不懈努力。

The system of Party regulations was included into the socialist rule of law system with Chinese characteristics during the 4th Plenary Session of the 18th CPC Central Committee, which brought about a new round of discussion on the concept ＂party regulation＂. The established practice of ＂party regulation＂ is one of the reasons that often be used to justify that concept. However, the process and meaning of the established practice of ＂party regulation＂ has not been carefully and deeply investigated, and only simply review it as the tradition of Marxism. Through teasing out the concepts such as ＂party law＂ used by Marxism classic writers including Friedrich Engels, Lenin and Stalin, and analyzing the historic semantic evolution of the word ＂regulation＂ in China, this article demonstrates the historic rationality and Chinese characteristics of the concept ＂party regulation＂. The established practice of ＂party regulation＂ plays a supportive role in justifying its realistic rationality and reflects the unremitting endeavor made by CPC to comprehensively advance the law- based governance of the country and the regulation-based governance of the party.