党内法规体系的结构耦合特征及其实践意义——基于系统论的思考

On the Structural Coupling Characteristics and Practical Significance of the System of Party Rules:From the Perspective of System Theory

党的十八届四中全会以来,党内法规体系逐渐被纳入中国特色社会主义法治体系,党内法规体系与国家法律体系也形成了既功能分化、又结构耦合的关系。党内法规体系自产生之初即包含有自创生性,在系统功能特定化的推动下,党内法规通过已有的党章和党内法规实现持续的自我再生产,直至形成一个体系架构明晰、规范内容全面的逻辑自洽体。随着系统的再分化,党内法规体系以自我为中心,分化形成党内法规制度体系、实施体系、监督体系和保障体系,各子体系之间既竞争又协同,内部充满相互关联的耦合结构。在系统论研究范式下,正确认知、利用党内法规体系的结构耦合特征对于指导党内法规体系建设的实践工作,具有多方面的现实意义。

Since the fourth plenary session of the 18 th CPC Central Committee, the system of Party rules has been gradually incorporated into the system of socialist rule of law with Chinese characteristics. The Party rule system and the national legal system have also formed a relationship of functional differentiation and structural coupling. Since its inception, the Party rule system has been self-created. Driven by the function specialization of the system, the Party rule system has realized continuous self-reproduction through the existing Party constitution and Party rules until the logical self-consistent body with a clear architecture and comprehensively normative content is formed. With the re-differentiation of the system, the Party rule system roots itself as the center and differentiates into the system of regulations, system of implementation, system of supervision and system of guarantee. The subsystems are both competitive and collaborative, which are filled with interconnected coupling structures. Under the paradigm of system theory, it is of practical significance in many aspects to correctly recognize and utilize the structural coupling characteristics of the Party rule system to guide the practice of Party rule system building.