党内法规实施宪法的内在机理与调适路径

The Internal Mechanism and Adjustment Path of Constitutional Implementation of the Intraparty Rules and Regulations

中国共产党既是领导宪法实施的权力主体,也是保证宪法实施的义务主体,党内法规实施宪法是中国共产党实施宪法的应然之义。从党内法规实施宪法的表达样态来看,宪法系党内法规之法源,是党内法规原则的构成要素之一,并以多种形态进入党内法规规则之中,党内法规在客观上对宪法的发展也具有一定的促进作用。以实施场域为着眼点,党的领导法规制度构成党内法规实施宪法的核心场域,其他三大部门党规制度支撑和强化党的领导法规制度建设。就实施路径而论,应当从加强党内法规合宪性控制、健全党内法规体系建设两个方向入手,提升党内法规实施宪法之功效。

The Communist Party of China is not only the power subject leading the implementation of the constitution,but also the obligation subject ensuring the implementation of the constitution. The implementation of the Constitution by intraparty rules and regulations is the natural meaning of the implementation of the Constitution by the Communist Party of China. From the expression of intraparty rules and regulations implementing the constitution,the source of intraparty rules and regulations in the constitutional law system is one of the constituent elements of the principles of intraparty rules and regulations,and has escaped into the rules of intraparty rules and regulations in various forms. Intraparty rules and regulations also play a certain role in the development and improvement of the constitution. In terms of the implementation field,the party‘s leadership laws and regulations constitute the core field of the implementation of the constitution,and the party rules and regulations of the other three departments support and strengthen the construction of the party’s leadership laws and regulations. Focusing on the implementation path,in order to optimize the effectiveness of intraparty rules and regulations in implementing the constitution,in terms of politicized implementation,we should strengthen the control of the constitutionality of intraparty rules and regulations,establish the central rule of law supervision committee,and improve the publicity and education of inner-party constitution;In terms of legalization, we must standardize the order of intraparty rules and regulations, strengthen the construction of systems of the intraparty rules and regulations,and realize the normative coordination between intraparty rules and regulations and national laws.