National laws and internal party regulations work together
The “double-cage tiger” pattern ensures that power is subject to effective supervision and restriction
Based on the Chinese political tradition and power structure, my country has gradually explored a path of rule of law that restricts power with unique Chinese characteristics, that is, to give full play to the advantages of national laws and internal party regulations in controlling power, and form national laws and internal party regulations to jointly restrict public power. The power of the “double-cage to close the tiger” pattern.
□ reporter Zhang Wei
On July 1, the Communist Party of China celebrated its centennial birthday.
In today’s world, there are not many parties with a history of one hundred years. Zhou Shuzhen, professor of the School of International Relations of Renmin University of China and director of the Research Center for Chinese and Foreign Political Parties in Zhejiang (Jiaxing), revealed that according to statistics, five to six thousand people are active in the world. Among the political parties, there are only 66 parties in a century.
There are many key factors that determine the rise and fall of a century-old party, but in Zhou Shuzhen’s view, the most important thing for the Communist Party of China to become a century-old party is the successful self-revolution and anti-corruption struggle. “This is its ability to maintain vitality and motivation. A fundamental principle of “.
It is precisely because of the effective control of power that the construction of a government under the rule of law under the leadership of the party can make progress one after another.
Weave tighter cage
Strive to prevent abuse of power
Undoubtedly, the reason why a party can become a century-old party is related to many factors, such as the party’s political principles, ideology, social foundation, organizational system, party discipline, political behavior, and so on.
As far as the Chinese Communist Party is concerned, its effective restriction of power and the construction of its internal party laws and regulations for this purpose are regarded as one of its “secrets” as a century-old party, contributing Chinese wisdom to the governance of political parties in the world.
Professor Ou Aimin, Dean of the School of Law of Xiangtan University, pointed out that based on China’s political tradition and power structure, my country has gradually explored a path of rule of law that restricts power with Chinese characteristics, that is, giving full play to the respective advantages of national laws and party regulations in controlling power. , To form a “double-cage tiger” pattern in which national laws and party regulations jointly restrict public power.
“In China, in addition to national laws, there are also various internal party regulations that restrict power, thus forming a power restriction pattern of’double-cage tigers’. This is an important institutional advantage of our country.” Ou Aimin said.
This pattern weaves a tighter power system cage. The West mainly uses national laws to restrict power, but the national legal system has weaknesses, such as the inability to write too many moral and ethical issues into the law, and the law cannot adjust people’s ideological issues, and so on. In our country, the party’s internal regulations can effectively accommodate the above content to achieve more effective restrictions on power. At the same time, we have written our ideology into the party’s internal laws and regulations, insisted on ideological building of the party and governing the party, working in the same direction, and fully implementing the concept of strict governance of the party.
In Ou Aimin’s view, through the above measures, the party’s laws and regulations have achieved comprehensive and effective restrictions on the power of leading cadres as a key minority, reflecting the advantages of the socialist system, and embarking on a Chinese-style path of power restriction.
This pattern has also created a more comprehensive power accountability system. Through internal party laws and regulations, we are able to more precisely and accurately distinguish the existence and accountability methods of responsibilities, and establish a comprehensive and complete accountability system to ensure that relevant supervision and accountability mechanisms are thorough, accurate, and timely.
This pattern has also created a more efficient power supervision system. On the one hand, the party’s Commission for Discipline Inspection and the State Supervision Commission have jointly implemented the office to improve work efficiency. On the other hand, the design of systems such as the first responsibility system for letters and visits and the inspection system for leading cadres in the party’s internal laws and regulations has improved the effectiveness of power supervision.
In addition, it embodies a more humane concept of power restriction, and is an important embodiment of the people-oriented concept. “Intra-party laws and regulations demonstrate the aura of the rule of law and humanities, and promptly intervene in response to some emerging and tendent problems, and solve them at the embryonic stage to prevent party members and leading cadres from embarking on the path of crime.” Ou Aimin said that the inner-party laws and regulations adopted the usual system. Constraints make the power of leading cadres run on the right track.
Solve the problem of party governance
Efforts to contribute Chinese wisdom
“The construction of the party’s internal laws and regulations of the Communist Party of China has contributed Chinese wisdom to the governance of world political parties.” said Han Qiang, a professor at Beijing Union University.
Han Qiang believes that party governance is a universal issue and problem faced by political parties in all countries in the world. Many political parties often have different understandings and choices on basic issues such as what to govern and how to govern, and their governance effects vary greatly. In the process of party governance, the Communist Party of China has taken a relatively mature path of achieving scientific, standardized, and procedural governance of the party by relying on a sound and perfecting of the party’s internal legal system.
In Han Qiang’s view, any political party must have a spirit of self-revolution if it wants to pass the ruling barrier. The self-revolution of the Communist Party of China is reflected in the true courage of the Communist Party of China in managing the party and governing the party-while ensuring the centralized leadership of the party, it fully realizes social supervision and effective restriction of power.
Why can our party’s laws and regulations realize the restriction on power? This involves the principle of the party’s laws and regulations. Professor Wang Lifeng of the School of Administration of Jilin University summarized the principles of party rules and regulations within the party as: political principles, practical principles, normative principles, and organizational principles. What is implicit is the belief in the basic value of the rule of law and democracy.
So, how do you view the relationship between party regulations and national laws? Wang Jianqin, a professor at China University of Political Science and Law, pointed out that under the socialist rule of law with Chinese characteristics, the relationship between internal party regulations and national laws is a parallel relationship that is mutually independent and complementary. There is no dual logic relationship between high and low. It is a mosaic relationship.
Always emphasize the system to govern the party
The party constitution is the general basis for governing the party
It is worth noting that the use of internal party regulations to restrain party members, restrain power, and achieve governance has run through the centuries of history of the Communist Party of China.
The earliest internal party laws and regulations were embodied in governing the party by rules. Liu Honglin, a distinguished professor of Fudan University, director of the Research Center for Inner Party Regulations, and a distinguished professor of “Changjiang Scholar” from the Ministry of Education, found that from the beginning of the establishment of the Communist Party of China, governing the party by rules has been an important principle of the Communist Party of China. In the first program of the 1st CPC National Congress (with the nature of constitution) and the first party constitution of the 2nd CPC National Congress, it embodies the construction of a mass party around Marxism and the establishment of a party based on the program to realize the rule of the party. The revolutionary era was embodied in the promotion of party building by means of resolutions. There were more than 30 resolutions from the First to the Sixth National Congress of the Communist Party of China. “The status of the resolution in the party is very high. Violating the resolution can be directly expelled from the party.” This was the basic theory of the Chinese Communist Party’s legal construction at that time.
Liu Honglin said that the regulations within the party are fundamental, comprehensive, and stable. Since the reform and opening up, it has emphasized the system to govern the party, and regulations within the party have been gradually advanced. Especially since the 18th National Congress of the Communist Party of China, a total of more than 90 internal party laws and regulations have been promulgated, emphasizing the distinction between public and private, and the law and discipline.
“From the perspective of building a party over a century, the party constitution is the fundamental law, and it has always been the general basis for governing the party and the cornerstone of the building of regulations within the party.” Liu Honglin said. In different historical periods, party policies, party discipline, internal party regulations, party morals, etc. are the basic basis for governing the party and governing the party. They have changed in form and function with the historical process and cannot replace each other. .
Professor Xiao Jinming, Dean of Shandong University Law School (Weihai), mentioned that the socialist rule of law with Chinese characteristics is centered on the people, and all power comes from the people and is subject to the Constitution. The adjustment of the party’s principles and policies, the revision of party constitutions and regulations, and the improvement of the constitutional system all work together to reflect the will of the people. The role of regulations within the party lies in how to protect the firmness and purity of the party, regulate the relationship between the party and the government, and build the relationship between the party and the masses.
“If the relationship between the party and the masses is handled well and the relationship between the party and the government is handled well, the political structure will be stable. It cannot be done by law alone. Party rules and regulations must be used well.” Xiao Jinming said.
Xiao Jinming believes that in the early days of reform and opening up, the rule of law in China mainly revolved around democracy to promote the combination of democracy and the rule of law; in the 1990s, it integrated the construction of a system to protect human rights; since the 18th National Congress of the Communist Party of China, the rule of law and governance have been closely linked. “It can be said that our party’s laws and regulations are always carrying out the innovative development of ideas and practices.”
The combination of internal party regulations and national laws has produced many effective systems. Taking the establishment of a dual-track disciplinary system in the Governmental Sanctions Act as an example, Tu Kai, executive director and associate professor of the Institute of Party Regulations of the School of Law of Tsinghua University, believes that the establishment of a dual-track disciplinary system in the Administrative Sanctions Act has its constitutional basis. my country’s constitution sets up two types of responsibility systems for public officials. In terms of function, the power and responsibility system emphasizes that public officials should be supervised by the people; the work responsibility system emphasizes the improvement of work quality and efficiency. In concept, the power and responsibility system embodies the political requirements of “serving the people”; the work responsibility system is intended to “oppose bureaucracy.” The “socialist responsibility system” developed from the work responsibility system further confirms that the corresponding organization has the right of autonomous management granted by the constitution.