党政联合发文的适用冲突及类型化解决

The Applicable Conflict and Typed Solution to the Joint Document Issuedby the Party and the Government

党政联合发文是中国特色社会主义政党体制内嵌于国家治理体系而形成的一种重要治国施政现象。党的十八大以来,在加强党的全面领导所形成的政治势能影响下,党政联合发文的应用场域不断扩大,数量不断增多,在治国理政过程中发挥着越来越重要的作用。但实践中,由于党政联合发文突破了单一制发主体的效力位阶确定方式,因此在面对适用冲突时尚缺乏规范化解决机制。通过对党政联合发文进行类型化识别,综合运用国家法律法规和党内法规、规范性文件的适用冲突解决原则,合理确定党政联合发文适用冲突效力位阶上的选择次序,是目前党政联合发文适用冲突问题的解决思路之一。

The documents jointly issued by the Party and the government is an important governance phenomenon,which is embedded in the national governance system of the socialist party system with Chinese characteristics.Since the 18th National Congress of the Communist Party of China,under the influence of the political potential energy formed by strengthening the overall leadership of the party,the application fields of the joint publication of party and government documents have been continuously expanded and the number of such documents has been constantly increasing,which plays an increasingly important role in the process of governing the country.However,in practice,these special documents have broken through the way of determining the legal rank of the single issuing subject,and therefore there is a lack of standardized settlement mechanism in the face of applicable conflicts.By identifying the types of joint party and government documents and comprehensively applying the principles of applicable conflict resolution of national laws and regulations,intra-party laws and normative documents,we found it is one of the ways to solve the problem of the application conflict of the party-government joint publication at present.