党内法治的概念证成和理论透视

The Conceptual Justification and Theoretical Explanation of Rule of Law within the Party

“党内法治”是中国共产党加强党内法规制度建设的法治意义表达,具有鲜明的中国特色和中国智慧。尽管一些法学学者已推动党内法治由特定的概念话语向系统的法治理论拓展完善,但是党内法治本身仍面临概念有待证成、内涵有待厘清、原理有待释明等问题。党内法治概念的形成具有理论基础、符合历史逻辑、存在现实动力。从内涵特征来看,党内法治以现代法治精神理念为内在品质,以党的善治为目标导向,以党内法规为制度基础,以依规治党为实践过程。党内法治与国家法治既有联系又有差异,尤其在价值逻辑方面存在区别,即党内法治以加强党的领导为根本价值,协调“规限党的权力”“保障党员权利”等价值,致力于为人民服务的宗旨目标。当前加快推进党内法治建设,应当从党内法治理论研究、实践指导、文化培育三个方面统筹进行。

“Rule of law within the Party”is an legal expression of the construction of the intra-party rules and regulations of the CPC,with distinctive Chinese characteristics and Chinese wisdom.Although some legal scholars have promoted the development of the rule of law within the Party from a specific conceptual discourse to a systematic theory of rule of law,it still faces meta-problems such as concepts to be justified,connotations to be clarified,and principles to be explained.The formation of the discourse of the rule of law within the Party has a theoretical basis,conforms to historical logic,and has realistic motivation.From the perspective of connotation characteristics,the rule of law within the Party takes the modern spirit of rule of law as its intrinsic quality,good governance within CPC as the goal orientation,intra-party rules and regulations as the institutional basis,and governance in accordance with regulations as the practical process.The rule of law within the Party and the state rule of law are both related and different,and there is a difference in value logic between them.The rule of law within the party takes strengthening the CPC’s leadership as its fundamental value,coordinates the values of“limiting the party’s power”and“protecting the rights of party members”,and is committed to serving the people.At present,to strengthen the construction of the rule of law within the Party,it is necessary to carry it out in a coordinated manner from the three aspects of theoretical research,practical guidance and cultural cultivation.