论党政联合发文的分类治理机制

On the Classified Management Mechanism of the Joint Publication of Documents Issued by the Party and the Government

党政联合发文是我国独有的政治实践,是党政机关之间因特定需要而共同发文的一种行文现象,已从纯粹的政策载体演变为一种治国理政的常态化工具。党政联合发文具备很强的溢出效应,内容以国家社会事务为主,影响公民权利义务的分配和公权力主体之间关系,并且承担法律供给的作用。在我国党政体制下,党政联合发文成为一种可被研究和规范的对象。党政联合发文可区分为中央党政联合发文和地方党政联合发文。根据中央党政联合发文调整对象不同,将其区分为法源性发文和非法源性发文。就法源性发文而言,最重要的是做好源头治理,促进部分法源性发文尽快入规入法;适当引入联席会议制度进入党内备案审查制度。针对地方党政联合发文,引入"权利义务"要素,尽快将其纳入人大备案审查和司法审查范围。

The joint publication of documents issued by the party and the government is a unique political practice in China and it is a writing phenomenon jointly issued by the party and the government organs because of specific needs.It has evolved from a pure policy carrier to a normalized tool for governing the country.The joint publication of the documents issued by the party and the government has a strong spillover effect,which mainly focuses on national social affairs,affects the distribution of citizens’rights and obligations and the relationship between the subjects of public power and undertakes the role of legal supply.Under the system of party and government in China,the joint publication of documents issued by the party and the government,which can be divided into the joint issuance of the central party and the government and the joint issuance of the local party and government,has become a kind of object that can be studied and regulated.As far as legal source documents are concerned,the most important thing is to do a good job in source control,to promote part of legal source documents into the regulation law as soon as possible,and to properly introduce the joint meeting system into the inner-party filing and review system.In view of the joint publication of documents issued by the local party and the government,we should introduce the elements of"rights and obligations"and bring them into the scope of filing and judicial review of the National people’s Congress as soon as possible.