党领导立法的逻辑与意义

The Logic and Significance of Legislation Led by the Party

党的领导贯彻到依法治国的全过程和各方面,首先就体现为党对立法工作的全面引领和主导。在中国共产党依法执政的方略下,“党领导立法”是中国特色社会主义政治与法治关系的最集中体现,是破除“党大还是法大”伪命题的必然要求,也是推动实现党的领导、人民当家作主、依法治国三者有机统一的根本路径。党领导立法,既要符合现代政党政治与立法关系互动的法治原理,又有其独特的政治意涵、确立方式、组织机制和实现形式,还要面临党与国家立法机关、党领导立法与人大主导立法、党领导国家立法与党领导党内立规等诸多关系的处理。

The leadership of the Party is implemented in the whole process and all aspects of gover-ning the country according to law􀆰First of all,it is reflected in the Party’s overall guidance and leadership of legislative work􀆰Under the basic principle that the CPC is in power according to law,“legislation under the leadership of the Party”is the most concentrated expression of the relationship between politics and the rule of law in socialism with Chinese characteristics,an inevitable requirement to debunk and eradicate the false proposition of“whether the Party is big or the law is big”,and also a fundamental path to promote the organic unity of the Party’s leadership,the people’s ownership,and the rule of law􀆰The legislation under the leadership of the Party should not only conform to the rule of law principle of the interaction between modern party politics and legislation,but also have its unique political meaning,establishment mode,organizational mechanism and realization form􀆰It should also face the handling of many relationships between the Party and the national legislature,the Party led legislation and the legislation led by the National People’s Congress,the Party led national legislation and the Party led the formulation of inner-party regulations。