党内法规与国家法律的关系定位及其衔接

The Orientation and Connection of the Relationship between Inner-Party Regulations and National Laws

准确把握党内法规与国家法律的关系,促进二者的良好衔接,是中国特色社会主义法治体系顺畅运行的重要一环。将党内法规与国家法律的关系定性为软法与硬法、社会法与国家法、愿望道德与义务道德的理论观点,对我国治理和法治实践缺乏解释力。现代法治精神内核是规范公权力,“制度之治”是法治的核心要素及“中国之治”的根本特征。党内法规与国家法律共同铸成中国特色社会主义法治体系“双轨并行”型制度架构,应遵循统分结合、平等互促、合理转化的原则,从制度的理念、内容、形式全要素、全过程地促进二者衔接协调,形成相辅相成、相互促进、相互保障的制度互动格局。

It is an important link for the smooth operation of the socialist legal system with Chinese characteristics to accurately grasp the relationship between the inner-party laws and national laws and promote the good connection between them. The theoretical viewpoint of defining the relationship between inner-party laws and national laws as soft law and hard law, social law and national law, desire morality and obligation morality lacks explanatory power for China’s governance and rule of law practice. The core of the spirit of modern rule of law is to standardize public power, and the "rule of system" is the core element of rule of law and the fundamental feature of "rule of China". The inner-party laws and regulations and national laws jointly cast a "dual-track parallel" institutional framework of the socialist rule of law system with Chinese characteristics, which should follow the principles of unification and separation, equality and mutual promotion, and rational transformation, and promote the convergence and coordination of the two from the whole elements and the whole process of the system concept, content and form, so as to form an institutional interaction pattern that complements each other, promotes each other and guarantees each other.