论公务员制度中党规国法的规范构造及其路径优化

On the Normative Construction and Its Path Optimalization Of Intraparty Rules and Regulations and National Laws in The Civil Service System

追溯公务员制度发展的历史,党规和国法是公务员制度的两根支柱。在规范构造方面,党内法规引领了国家法律的政治性,赋予了国家法律可操作性,激活了国家法律的内容。在理论价值方面,公务员制度中党内法规对党的领导方式的创新,并非“溢出效力”的体现,而是“软法”和“硬法”之外第三种制度形态功能的体现。公务员管理体制经历了从“两部”到“两部一局”再到“一部一局”的转变,配套措施的规范类型也从部门规章转变为党政联合发文,进而转变为党内法规。当前,公务员制度存在党规国法定位有待明晰、授权性立法有待完善、重复和不一致规定有待解决、地方党内法规有待完善等现实问题,应通过扩展依法管理原则、确定公务员管理类党内法规的“特别法”地位、党内法规的备案审查和转化等措施,保持地方党内法规的审慎克制,寻求党内法规作用于公务员管理的优化路径。

Tracing the history of the development of the civil service system, the intraparty rules and regulations and national laws are the two pillars of the civil service system. In terms of normative construction,the intraparty rules and regulations lead the political nature of national laws, give national laws operability and activate the content of national laws. In terms of theoretical value, the intraparty rules and regulations in the civil service system have innovated the Party's leadership, not as a manifestation of “spillover effect”, but as a third form in addition to soft law and hard law. The civil service management system has gone through a transformation from “two ministries” to “two ministries and one bureau” to “one ministry and one bureau”, and the normative type of supporting measures has also changed from departmental regulations to joint party and government rule,and then to party regulations. At present, the civil service system has defects: the positioning of intraparty rules and regulations and national laws needs to be clearer, the enabling legislation needs to be improved, duplication and contradictory provisions need to be resolved, and the local legislation needs to be regulated. Through expanding the principle of management by law, determining the status of special rule of civil service system, and the filing and review of the intraparty rules and regulations and transformation of intraparty rules and regulations,keeping the local party regulations in a prudent and restrained manner, an optimal path of the civil service system will be achieved.