论党政机关联合制定文件的司法适用

On the Judicial Application of Party-government Joint Documents

作为贯彻落实党的领导的具体方式,党政联合文件深度融入国家治理。根据调整内容和调整方式的差异,可以将其分为宏观指导类和内部管理类。党政联合文件可能对权利义务关系产生间接影响,在司法审判中实际发挥了一定的作用,但受调整内容和调整方式的影响,其表现形式较为单一。内部管理类文件和宏观指导类文件在行政诉讼、民事诉讼、刑事诉讼中的作用也存在显著差异。在现有的法律框架下,党政联合文件可以作为法官裁判说理的依据,但其仅能够作为行政规范的补充。党政联合文件的司法适用与当前司法适用规则之间存在一定的张力。为消解法律规范主义与现实的张力,有必要探索党政联合文件司法适用的指引规则。

As a specific way to implement the Party s leadership,the party-government joint documents are deeply integrated into national governance.According to the differences in adjustment content and methods,it can be divided into macro guidance and internal management documents.The party-government joint documents may have an indirect impact on the relationship between rights and obligations,and has actually played a certain role in judicial trials.However,due to the influence of the adjustment content and method,its manifestation is relatively single.There are also significant differences in the roles of internal management and macro guidance party-government joint documents in administrative,civil,and criminal litigation.Under the existing legal framework,party-government joint documents can serve as the reasoning basis for judges to make judgments,but they can only serve as a supplement to administrative norms.There is a certain tension between the judicial application of party-government joint documents and the current judicial application rules.In order to dispel the tension,it is necessary to explore the guiding rules for the judicial application of party-government joint documents.