Keywords:
Party regulations; National laws; Synergy mechanism; Constitution
党内法规;国家法律;协同机制;宪法
Abstract:
The establishment of a mechanism for synergy between party
regulations and national laws is a major proposition for the construction of
"China under the rule of law" proposed by the Party Central Committee. From
the perspective of the rule of law system, to explore the synergy mechanism
between Party regulations and national laws. We should take the spirit of the
Constitution as the fundamental guideline, adhere to the principle of supremacy
of law, consider incorporating the Charter into the theoretical source of the
Constitution, improve the mechanism of filing and review of Party regulations
from the substantive and procedural aspects, and promote the scientific and
reasonable limited transformation of Party regulations into national laws in
accordance with the law, so as to jointly promote the construction of rule of law
in China.
建立党内法规与国家法律协同机制,是党中央提出的“法治中国”建设的重大命题。从法治体系的角度探索党内法规与国家法律协同机制,应当以宪法精神为根本遵循,坚持法律至上原则,考虑将宪章纳入宪法的理论渊源,从实体和程序上完善党内法规备案审查机制,依法推动党内法规向国家法律的科学合理的有限转化,从而共同促进中国法治建设。