论党政联合发文的类型及其规范途径

On the Types of Party-government Joint Document and Its Regulations

党政联合发文现象在建国初期就已存在,尤其是进入深化改革时期以来,党政联合发文现象明显增多。党政联合发文对国家经济政治社会的发展发挥着积极的作用,其存在具有一定的现实基础。但其规范属性不明确且缺乏相应的规范措施,导致加剧党政联合发文的溢出现象,对法治实践带来了诸多难题。党政联合发文是贯彻落实党的领导的一种方式,党政机关通过联合发文弥补国家法律、党内法规的滞后性。它是促进党内法规和国家法律衔接协调的具体措施。党政联合发文的分类是分析党政联合发文的本质属性和规范党政联合发文的前提;对党政联合发文进行类型化分析的基础上,讨论党政联合发文的属性及其规范途径。对规范党政联合发文方面,先设定印发党政联合发文的前提条件,防止其随意性;加强党政联合发文的事前和事后监督,明确其在司法实践和党政实务中的定位。

The joint document of the Party and government began in the early days of the People’s Republic of China,and it’s number has increased significantly since the deepening of reform.It has played a positive role in our country’s economic,political and social development,and its existence has a certain realistic basis.However,its normative attributes are not clear and corresponding regulations are lacking,which leads to its overuse and causes many difficulties to the rule of law.The Party-government joint document implements the Party’s leadership,and makes up for the lag of national laws and the coordination between intra-Party regulations and national laws.The classification of the Party-government document is a premise for the study of its attributes and regulations,which this paper discusses through typological analysis.To regulate the issuance of joint documents,this paper suggests establishing issuing prerequisite to prevent arbitrariness,strengthening the supervision before and after the issuance,and clarify their position in judicial practice and in the work of the Party and government.