和而不同:规则理性语境下党规与国法

Harmony in Diversity:Party Rules and National Law in the Context of Rules and Rationality

党规与国法都是适用于各自调整对象的行为规范体系,二者既不可混为一谈,又不可完全割裂开来。二者在规则理性语境下结成一种和而不同的和谐统一关系。首先,党规和国法都遵循规则的普遍适用性、科学适用性和强制适用性等工具理性思维,但在适用范围、位序以及强制执行力的属性等方面各有不同;其次,党规与国法都遵循规则的道德正确、权力制约和以人民为中心的价值理性思维,但在道德问题的介入程度、权力体系的构架重点以及权利义务的本位选择方面则旨趣相异;最后,党规和国法都遵循规则的结构完整固定、体系和谐有序和程序正当合理的形式理性思维,但在倡导性规范的取舍偏好、规则的具体文本形态、制定主体的角色属性以及程序设定的目标追求方面又表现出不同特征。

Both the Party Rules and National Law are code of conduct systems that are applicable to their respective objects of adjustment.The two cannot be confused and cannot be completely separated.The two form a unity relationship of harmony in diversity in the context of rules and rationality.First of all,the Party Rules and National Law all follow the instrumental rational thinking of the general applicability,scientific applicability and mandatory applicability of the rules,but they differ in the scope of application,the order,and the attributes of the enforcement force.Secondly,the Party Rules and National Law all follow the value rational thinking of the moral correctness of the rules,the power restriction and people-centered.However,there are different in the meaning in the degree of involvement of moral issues,the structural emphasis of the power system,and the choice of rights and obligations.In the end,the Party Rules and National Law all follow the formal rational thinking that the structure of the rules is completely fixed,the system is harmonious and orderly,and the procedure is justified.However,it also shows different characteristics in the selection preferences of advocacy norms,the specific text forms of the rules,the role attributes of the formulation subjects,and the target pursuit of program setting.