论党内法规调整范围的清单控制模式——兼论党规与国法调整范围的边界

On the List Control Mode of the Adjustment Scope of Inner-Party Rules and Regulations——Concurrent discussion of the boundary of the inner-Party rules and regulations and the state law

党内法规的调整范围存在一定的模糊之处,在一定程度上影响了党内法规的制定、实施以及党规国法的衔接协调。为进一步厘清党规国法边界,可采取清单模式明确列举党内法规应当调整的事项、不宜调整的事项以及党规国法共同调整的事项,并建构党内法规制定中的“过滤机制”、备案审查中的“拦截机制”、实施中的“发现机制”、清理中的“处理机制”,从事前、事中、事后多维度确保上述清单控制模式的有效运行。

At present,there is still some ambiguity in the adjustment scope of the inner-Party rules and regulations,which has affected to a certain extent the formulation and implementation of the Party’s rules and their regulations and their cohesion and coordination with the state laws.In order to further clarify the boundaries between the inner-Party rules and regulations and the state laws,it is necessary to adopt a list mode to clearly list the matters that should be adjusted by the inner-Party rules and regulations,the matters that should not be adjusted,and the matters that are to be jointly adjusted by the inner-Party rules and regulations and the state laws.In order to ensure the effective operation of the above-mentioned list control model in multiple dimensions before,during and after the event,it is also necessary to construct the“filtering mechanism”in the formulation of the inner-Party rules and regulations,the“blocking mechanism”in the recording review,and the“discovery mechanism”in the implementation,the“processing mechanism”in the cleaning up.