论党政联合发文的制度属性

On the Institutional Attribute of Documents Jointly Issued by the Party and Government

党政联合发文是中国特色社会主义法治实践中普遍存在的一种现象。近几年学术界逐渐开始关注到这种现象,并围绕其属性形成了文件说、行文说与工具说等观点。但这三种观点对党政联合发文的本体性研究皆存在不足,难以对其进行合理阐释。有必要回归到“党政联合发文是什么”这一本体性问题,并可将此问题具化为对党政联合发文本体之性质、关系与特征等属性的界定问题。从性质上来看,党政联合发文的本质属性应是“制度”,其性质是中国特色社会主义制度体系中的党的领导制度。从关系上来看,党政联合发文承载的是党对国家行政机关的领导关系,其制度实践与制度规范体系的建构应恪守党对国家行政机关的领导关系之边界。从特征上来看,党政联合发文具有典型的复合性特征,包括党组织及其工作机关与国家行政机关及其职能部门、办公厅(室)的主体复合,非国家公权力与国家公权力的权力复合,以及联合制发党内法规与规范性文件的行为复合等制度特征。

Documents jointly issued by the party and government is a special rule of law phenomenon that exists in the practice of socialist rule of law with Chinese characteristics.In recent years,the academia have gradually begun to pay attention to this special rule of law phenomenon,and formed different viewpoints about its attributes,such as document theory,writing theory,and tool theory.However,these three viewpoints are inadequate in terms of noumenal research on documents jointly issued by the party and government,so it is difficult to explain documents reasonably.Therefore,it is necessary to return to the noumenal problem of"what is the mode of documents jointly issued by the party and government",and turn this problem into a question of defining the attributes in regard to nature,relationship,and characteristics of documents jointly issued by the party and government.From the perspective of nature,the essential attributes of documents jointly issued by the party and government should be"institution"rather than others,and its nature is the party's leadership institution in the institutional system of socialism with Chinese characteristics.From the perspective of relationship,the party-government relationship carried by the documents jointly issued by the party and government should be the leading relationship of the party to the state administrative organs,and the institutional practice and the construction of institutional norm system should abide by the boundary of the leading relationship of the party to the state administrative organs.From the perspective of characteristics,documents jointly issued by the party and government have typical compound characteristics,including the composite subject of party organization and its working organs with state administrative organs,their functional departments,and the general office,the composite power of non-state public power with state public power,as well as the composite behavior of formulating inner-party regulations with normative documents.