关于混合性党内法规的理论与实证研究

A Theoretical and Empirical Study of Mixed Intra-Party Regulations

混合性党内法规能不能作为概念存在?其与党政联合发文是什么关系?它因何“入”规?有没有必要“入”规?这些问题都与当前建立完善的党内法规制度体系、协调党内法规与国家法律关系、推进依规治党等任务密切相关。基于对党政联合发文的实证分析可以得出,区分混合性党内法规和其他党政联合发文,把混合性党内法规纳入党内法规体系,并进一步规范其调整范围、制定实施、备案审查、清理等基本问题,是贯彻落实习近平法治思想,加快建设完备的党内法规制度体系,实现以“良法促进发展,保障善治”的基本条件。为此,还应当结合党内法规的形式和实质特征,合理控制党政联合制定混合性党内法规的数量,并明确混合性党内法规的边界,将其限定在党政机构统筹改革、党的直接管理、党政同责等领域。

Can“mixed intra-party regulations”exist as a concept?What is its relationship with the joint issuance of documents by the Party and the government?Why is it included in the system of the intra-party regulations?Is it necessary to make it included in the intra-party regulations system?These are all questions closely related to establishing a perfect intra-party regulations system,coordinating the relationship of intra-party regulations with national laws,and promoting the rule-based governance over the Party.On the basis of the empirical analysis of the joint issuance of documents by the Party and the government,it can be concluded that fundamental issues like distinguishing the mixed intra-party regulations from other documents jointly issued by the Party and the government,incorporating the mixed intra-party regulations into the intra-party regulations system,and further standardizing their adjustment scope,formulation and implementation,recording review,and predigestion are the basic conditions for implementing Xi Jinping thought on the rule of law,speeding up the construction of a complete intra-party regulations system,and realizing“the promotion of development and the guarantee of good governance by proper laws”.Meanwhile,in combination with the formal and substantive characteristics of intra-party regulations,the number of mixed intra-party regulations jointly issued by the Party and the government should be reasonably controlled,and the boundary of mixed intra-party regulations should be clarified to restrict it to the fields such as the overall reform of the Party and the government agencies,direct management of the Party,and the co-esponsibility of the Party and the government.