国家法律和党内法规相辅相成的实践路径——基于二元执行主体有效联动的分析

Discussion on the Practice Path of Complementing the State Laws and the Internal CPC Laws and Regulations——Based on the Perspective of Effective Linkage of Binary Executors

国家法律和党内法规的生命力都在于执行。实现国家法律和党内法规相辅相成的关键在于通过执行将静态的制度体系转化为动态的社会关系,在党规国法衔接基础上发挥两者相互联动、相互保障的功能,从而将国家法律和党内法规形成法治合力,共同推动法治国家建设和全面从严治党格局。从对国家法律与党内法规执行主体的调查与访谈来看,形成国家法律和党内法规相辅相成的格局,执规执法主体职能联动是其前提条件,应明确执规执法主体职能联动的方式、优化职能联动制度;执规执法主体程序联动是其重要环节,应弥合程序缝隙,构建双向介入机制;执规执法主体信息联动是其重要内容,应建立信息互认机制、搭建信息共享平台;执规执法主体责任联动是其重要保障,应建构执规执法主体责任均衡互动与损害救济赔偿互抵机制。通过这四个主要方面的有效联动,从而在实践上推动国家法律和党内法规相辅相成,进而推动全面从严治党走深走实,推动法治中国建设。

The vitality of state laws and Party laws and regulations lies in their implementation.The key to realize the complementarity of state laws and party laws and regulations is to transform static institutional system into dynamic social relationship through implementation,to give full play to the functions of mutual linkage and guarantee on the basis of cohension between Party laws and regulations and state laws,and so as to form the joint force of state laws and party laws and regulations,and jointly promote the construction of pattern of a law-based country and comprehensively and strictly governing CPC.From the investigation and interview of the executors of sate laws and party laws and regulations,the following paths should be followed to form a pattern in which state laws and inner-Party regulations complement each other.Firstly,as the linkage between the functions of binary executors is the precondition,the linkage modes should be clarified and the legal system should be improved to ensure the linkage according to law.Secondly,as the procedure linkage is an important link,the gap of the procedure should be bridged and a twoway intervention mechanism should be built.Thirdly,as information linkage is an important content,information mutual recognition mechanism and information sharing platform should be established.Finally,as the linkage of the responsibilities is an important guarantee,the mechanism of balanced interaction of the responsibilities and mutual compensation of damage relief should be established.Through the effective linkage of the above four main aspects,state laws and party laws and regulations can be promoted to complement each other in practice,so as to promote the comprehensive and strict party governance and promote the construction of the rule of law in China.