党政合署的运行机理及其行为规范

The operation mechanism of the Party-government office and its codes of conduct

党的十九大提出职能相近的党政部门实行合署办公,引发了党政机构的深层次变革。党政合署办公并未突破法治的基本框架和动摇现行的法律制度,合署后的党政机关亦并非新的国家机关或行政主体,只是一种具体的工作形式,不因合署办公而改变党政机关性质和地位。党政合署办公应坚持党务与政务相对分工的原则,党务应由党的机关依据党内法规并遵循党内程序作出党的决策,政务则应由行政机关依据法律法规并依照法定权限和程序作出行政行为,从而形成党委决策、行政法律执行的实施机制。合署办公后的党政机关共同对外行为必须以行政机关的名义按照法定权限和程序进行,并应将其侵益行为纳入司法审查范围。新时代完善党政合署办公体制,应加快组织立法并从制度上提供支撑和保障。

Report to the 19th National Congress of the Communist Party of China proposes the implementation of joint office of Party and government sectors with similar functions,which leads to profound changes in Party and government institutions.The joint office of Party and government sectors has not broken through the basic framework of the rule of law or shaken the existing legal system,and Party and government sectors of the joint office are not new state sectors or administrative subjects,which are only a specific form of work,with their nature and status being unchanged.The joint office of Party and government sectors should adhere to the principle of relative division of labor between Party affairs and government affairs.Party affairs should be made by the Party sectors to make Party decisions in accordance with internal laws and regulations as well as internal procedures,while government affairs should be made by the administrative sectors to take administrative acts in accordance with laws and regulations under proper legal authority and procedures so as to form the implementation mechanism of Party committee decision-making and administrative law enforcement.The joint external acts of the Party and government sectors must be carried out in the name of the administrative sectors in accordance with legal authority and procedures,and their infringing acts should be brought into the scope of judicial review.To perfect the office system of Party and government offices in the new era,this paper proposes to speed up legislation and provide support and guarantee for the system.