引“规”入“法”:早期党规与国法的互动逻辑

Introducing "Rules" into "Law" :the Interactive Logic Between the Early Party Rules and the National Law

中国共产党作为工人阶级政党,其性质及创建新中国的历史决定了“规”“法”互动的创新形态是引“规”入“法”。引“规”入“法”新形态,符合工人阶级政治发展的理论逻辑、历史逻辑与实践逻辑。中国共产党革命实践中形成的制度体系,主要体现为价值方面引导国法建设,而价值方面的引导主要通过指导思想和路线方针政策。在具体内容、方法等方面也体现引“规”入“法”。早期党规与国法的关系伴随党自身建设和国家建设进程不断深化,渐渐形成互嵌共生的关系。作为组织之规与国家之法在各自发展后,法规之间的区隔必然要求它们在政治共同体中互相衔接。

As a working-class political party,the nature of the Communist Party of China and the innovative form of the interaction between "rules" and "law" determined by the history of the founding of new China is to introduce "rules" into "law". It is in line with the theoretical logic,historical logic and practical logic of the political development of the working class. The system formed in the revolutionary practice of the Communist Party of China is mainly reflected in the value of guiding the construction of national law,and the value of guiding mainly through the guiding ideology and policies. At the same time,in the specific content,methods and other aspects,it also reflects the introduction of rules into the law. With the deepening of the process of the party’s self construction and national construction,the relationship between the early party rules and the national law gradually formed a symbiotic relationship. As the rules of the organization and the laws of the state,after their respective development,the separation between the laws and regulations inevitably requires the convergence in the national political community.