党内法规属性的再认识

Re-thinking of the attribute of intra-Party laws and regulations

软法概念输入之初,学者们关于党内法规的软法属性已成定论。新近对这一结论的质疑,或是对软法理解的偏误,或是无视党内法规与国家法效力来源机制的差异,或因误解党内法规自身的严厉性。事实上,硬法范围的特定性,决定了我们无法将党内法规纳入硬法范畴;党内法规调整的特点,也完全契合软法调整的特点。尽管未来有将党内法规作为第三种形态法的理论可能,但目前软法理论依然具有对党内法规性质的解释力。将党内法规视为软法,也更利于科学地理解和解释与党内法规同类性质的社会治理规则。

At the beginning of the introduction of the concept of soft law,scholars made a conclusion about the soft law attribute of intra-Party laws and regulations.The recent query into this conclusion is either a misunderstanding of the soft law,or a disregard of the difference between the effectiveness source mechanism of the intra-Party laws and national laws,or a misunderstanding of the severity of the intra-Party laws.In fact,the specificity of the scope of hard law determines that we cannot bring intra-Party laws and regulations into the scope of hard law.The characteristics of the adjustment of intra-Party laws and regulations also fully conform to the characteristics of the adjustment of soft law.Although it is theoretically possible to regard intra-Party laws and regulations as the third form of law in the future,the current soft law theory still has the explanatory power to the nature of intra-Party laws and regulations.To regard intra-Party laws and regulations as soft law is more conducive to scientific understanding and interpretation of social governance rules of the same nature as intra-Party laws and regulations.