国家治理体系视角下党内法规研究的基础概念辨析

Analysis on the Fundamental Concept of the Regulation Study within the Party under the Perspective of National Governance System

随着党的建设新的伟大工程深入推进,党内法规学日益成为一门显学。但是,与传统的法学学科相比,党内法规学仍处于起步阶段,党内法规理论研究还主要在浅层次徘徊。围绕党内法规研究存在着认识混乱甚至误读或曲解,这不仅阻碍了党内法规研究的进展,也在一定程度上影响了对党内法规制度建设和依法治国成效的认识与评价。对党内法规研究涉及的基础概念进行辨析,不仅有助于澄清模糊认识,也有助于领会中国共产党治党治国的实践逻辑、制度逻辑。为此,必须以准确把握国家治理体系中以党的主张为统领的政策制度体系、以党章为统领的党内法规制度体系和以宪法为统领的国家法律制度体系等三套关键性制度体系为理论前提,以党内法规制度建设的发展状况为实践依据,厘清党的主张、党内法规、党内规范性文件、党规、党内规矩、党的纪律等基础概念。

With the profound advancement of the new and great project of the Party construction, the regulation study within the Party is becoming a prestigious doctrine. However, compared with the traditional science of law, it is still at the initial stage and the theoretical research is mainly wandering around the superficial level. There is confusion and even misinterpretation about the regulation study within the Party, which not only hinders the research process but also influences the cognition and evaluation of the regulation system within the Party and the rule of law effect to some extent. Analysis on the fundamental concept of the regulation study within the Party can not only contribute to clarifying the obscure cognition but also better comprehend the practical and institutional logic of governing the Party and the country of CPC. Therefore, we must accurately take the three crucial institutional systems of the national governance system as the theoretical premise, which are the policy system governed by the Party＇s proposition, the regulation system within the Party governed by the Party constitution, and the national legal system governed by the Constitution, take the development situation of the regulation system within the Party as the practical basis and clarify fundamental concepts such as the proposition, regulation, regulatory document, rule and discipline of the Party.