对党内法规规范属性的反思与再定位

Reflection on the Orientation of Party Regulations

党内法规规范性质属性与党内法规属于法治体系是两个不同问题。将党内法规归属到扩大的法的概念当中,借以论证党内法规法治化的观点,理论尚难自洽,且可能导致实践误区。习近平关于法治与现代政治文明内在关系的论述,阐明了党内法规法治化的理论根据。“四个全面”战略布局和中国特色社会主义法治体系总目标提出了党内法规法治化的建设路径和目标,但并未改变党内法规之规范属性。党内法规正超越合法性阶段,与法治深度融合,成为“法治规范”。

There are two different problems in the system of rule of law between the nature of inner-party laws and regulations and that of inner-party laws and regulations. In order to prove the viewpoint of legalization of inner-party laws and regulations,it is difficult for the theory to be self-consistent and may lead to misunderstandings in practice by extending the attribution of inner-party laws and regulations to the concept of law. Xi Jinping’s exposition on the intrinsic relationship between the rule of law and modern political civilization clarifies the theoretical basis for the legalization of laws and regulations within the Party. The“four comprehensive” strategy and the general goal of the socialist rule of law system with Chinese characteristics put forward the construction path and goal of the rule of law within the Party,but it did not change the normative attribute of the rules within the Party. The inner-party laws and regulations are going beyond the stage of legitimacy and are deeply integrated with the rule of law,becoming the“rule of law norms”.