党领导立法的规范原理与构造

Normative Principle and Structure of the Party's Leadership in Legislation

党与立法的关系是中国特色党法关系中最具标识性和典型意义的规范性范畴,也是党领导全面依法治国过程中首先要处理好的重大关系。习近平法治思想深刻揭示了党领导立法的基本原理,也为完善党领导立法的方式与路径提供了根本遵循。党领导立法的规范构造大致可以分解为三个方面的内容:一是党领导立法的主体,即谁能代表党领导立法;二是党领导立法的内容与方式,即党怎么领导立法;三是党领导立法的对象和事项,即党领导立法意味着党领导谁以及领导什么。上述三个方面问题的内涵、形式及其相互关系,共同构成了党领导立法的制度框架与规范逻辑。

The relationship between the Party and legislation is the most iconic and typical normative category in the relationship between the Party and the law with Chinese characteristics,and it is also a major relationship that the Party must frst handle in the process of overall law-based governance.Xi Jinping Thought on the Rule of Law deeply reveals the basic principle of the Party's leadership in legislation,and also provides a fundamental basis for improving the way and path of the Party's leadership in legislation.The normative structure of the Party's leadership in legislation can be roughly decomposed into three aspects:The first is the subject of the Party's leadership in legislation,that is,who can represent the Party to lead legislation;The second is the content and method of the Party's leadership in legislation,that is,how the Party leads legislation;The third is the object and item of the Party's leadership in legislation,that is,who the Party leads and what it leads.The connotations,forms,and interrelationships of the above three aspects collectively constitute the institutional framework and normative logic of the Party's leadership in legislation.