关于法律法规规定党的领导的述引与断想——以国家法律和湖北省地方性法规为例

Citations and Assumptions about the Leadership of the Party Stipulated by Laws and Regulations——Take National Laws and Local Regulations of Hubei Province as Examples

党的十九届四中全会提出坚持和完善中国特色社会主义法治体系,提高党依法治国、依法执政能力的明确要求。依法执政,既要求党依据宪法法律治国理政,也要求党依据党内法规管党治党。法治体系建设是国家治理体系和治理能力现代化的重要组成部分。就立法而言,中国特色社会主义法治体系包括完备的法律规范体系和完善的党内法规体系。中国共产党是执政党,执政党必须依法执政。党领导立法,党的领导也必须入法。国家层面的法律法规不但可以、而且应当规定党的领导,宪法和与宪法相关的法要规定党的全面领导,其他法律部门的法也应规定党对相关工作的领导。

The Fourth Plenary Session of the Nineteenth Central Committee of the Communist Party of China put forward a clear requirement to adhere to and improve the socialist system of rule of law with Chinese characteristics,and to improve the party’s ability to govern the country and govern according to law.Ruling in accordance with the law requires the party to govern the country and govern the country in accordance with the constitutional laws,but also requires the party to govern the party in accordance with internal laws and regulations.The construction of the rule of law system is an important part of the modernization of the national governance system and governance capabilities.As far as legislation is concerned,the socialist rule of law system with Chinese characteristics includes a complete legal regulation system and a perfect system of laws and regulations within the party.The Communist Party of China is the ruling party,and the ruling party must govern according to law.The party leads the legislation,and the party's leadership must also enter the law.Laws and regulations at the national level not only can,but also stipulate the leadership of the party.The Constitution and laws related to the Constitution should stipulate the overall leadership of the party.The laws of other legal departments should also stipulate the leadership of the party in related work.