论党内法规与国家法律关系的双维结构

On Two-dimensional Structure of Relationship between Inner Regulations of Communist Party of China and State Laws

党内法规与国家法律并存于中国特色社会主义法治体系之中,两者在总体上存在共治、同向与互益关系;在分体上存在平行、互补、转化、竞合关系,由此构成党内法规与国家法律关系的双维结构。在此基础上,明确协调一致、双向互动、统筹兼顾的总体关系保障原则,建立平行关系的“并驾齐驱”“互不侵犯”规则、互补关系的权力分工规则、转化关系的适用条件规则、竞合关系的范围限制规则等分体关系保障规则,有利于夯实党内法规与国家法律关系的双维结构,进一步促进党内法规与国家法律的协调衔接。

The inner regulations of the Communist Party of China and the state laws coexist in the socialist legal system with Chinese Characteristics,and they have the relationship of co-governance,co-direction and mutual benefit on the whole;they have the relationship of parallel,complement,transformation and concurrence on the separate bodies,which constitutes the two-dimensional structure of the relationship between inner Party laws and state laws.On this basis,clarifying overall relationship guarantee principles of coordinated consistency,two-way interaction and overall consideration,and establishing separate bodies’relationship guarantee rules,such as“parallel”and“non aggression”rules of a paralleled relationship,power division rules of complementary relationship,applicable condition rules of transformation relationship,scope restriction rules of concurrence,are conducive to strengthening the relationship between laws and regulations within the Party and state laws,which will further promote the coordination and connection of laws and regulations within the Party and national laws.