党的领导法规关系论——以法律研究范式为参照

The Relationships Governed by the Regulations on the CPC’s Leadership:A Paradigm Based on Legal Studies

党的领导法规是党内法规体系四大部门之一。“继续推进党的领导制度化、法治化”要求以法学范式研究、以法治思维设置领导法规关系主体、客体和内容,提高立规和执行质量。作为领导主体的党组织有自立与嵌入、独立与辅助、单纯与融合之分,皆由党中央集中统一领导。被领导主体具有复合结构,非党组织和党外群众作为领导对象是间接的被领导主体,直接的被领导主体是党组织和党员。领导法规关系客体主要有权力、智力成果、特定利益等。领导法规关系的核心内容是领导权,这是不同于国家权力、社会权力的公权力类型。宪法上党的领导权具有最高法律效力。在具体的领导法规关系运行中,领导权通过党组织和党员作用于领导对象,领导法规并不给领导对象设定强制性义务,增强领导法规实效性在根本上是靠加强党的建设而非党规溢出效力。

The regulations on the Party’s leadership constitute one of the four major departments of the Party’s regulation system. "To further promote the institutionalization and rule of law of the Party’s leadership" requires us to study the subjects,objects and content of the regulations on the Party’s leadership by following the paradigm of legal studies and to establish a law-based Party’s leadership so that the quality of the regulations and their implementation can be ensured.The Party organizations as one of the subjects of the relationship specified by the regulations on the Party’s leadership can be categorized as the independent organs and the organs embedded into the non-party organizations:the former type of Party organizations are actually the Party committees at different levels independent of any governmental and social organizations and the latter type are the Party organizations embedded and integrated into the governmental and social organizations at different levels.But all of them are under the Party’s leadership.The non-party subjects have a composite structure in that the non-party organizations and non-party members are the indirect subjects in the legal relationship stipulated by the regulations on the Party’s leadership,whereas the party organizations and party members are the direct subjects.The main objects in the relationship stipulated by the regulations on the Party’s relationship include the power,intellectual achievements,and specific interests.The core of the relationship stipulated by the regulations on the Party’s relationship is the power of leadership,which is a type of public power different from the state power and the social power.The Party’s leadership specified in the Constitution has the highest legal effect.In the operation of the specific relationship stipulated by the regulations on the Party’s leadership,the Party’s leadership acts on the targets of leadership through the Party organizations and Party members.The regulations on the Party’s leadership do not impose mandatory obligations on the targets.Strengthening the effectiveness of the regulations on the Party’s leadership is fundamentally based on strengthening Party building rather than on their spillover effects.