党内法规与国家法:关联、区别及其关系之协调

On the Relationship,Distinction and the Relationship Coordination of Party Laws and Regulations and National Laws

党内法规与国家法同属于法的范畴,都是制度理性的产物。二者具有类同性,既相互保障,又相互制约,同时又在制定主体与实施主体、效力来源、适用的对象与领域、规范逻辑以及对公开性的要求方面存在着明显区别。作为我国社会主义法治体系的共同支撑,党内法规与国家法作为社会治理规则而在社会治理方面发挥作用时,难免会因其不同而产生冲突或不协调,而这种不协调显然会对我国全面推进依法治国战略及全面从严治党战略带来负面影响。为此,需要协调二者之间的关系。

The Party laws and regulations and national laws belong to the same category,which are all outcome of institutional rationality.They have similarity,that influence and control each other while differ evidently from each other in the maker,source of effectiveness,applicable objects and fields,logical specification as well as demand to publicity.As the common support of socialist legal system,Party laws and regulations and national laws inevitably have conflict and discord when they play their role in the social governance for their difference.It will do harm to the comprehensive strategy of ruling the country by law as well as the strategy of overall and strict administration of the Party.In this connection,the relationship of Party laws and regulations and national laws should be harmonized.