依规治党与依法治国的关系研究

发布时间：2018-04-10 00:27

本文选题：依规治党　切入点：依法治国　出处：《南海法学》2017年06期

【摘要】：依法治国是中国发展的必然选择。中国共产党在依法治国中居于领导地位,党的领导是全面推进依法治国、加快建设社会主义法治国家最根本的保证。必须加强和改进党对法治工作的领导,把党的领导贯彻到全面推进依法治国全过程。在我国,依规治党不仅具有理论上的必要性,更具有现实的紧迫性。就依规治党与依法治国之间的关系来说,依法治国与依规治党是相互影响,相互制约的。立足于法治的角度上,依规治党的目的是要使广大党员干部形成对作为规则的党内法规之敬畏与尊重,使其能够切实在管党治党方面发挥作用。然而,就目前来看,依规治党无论在依规治党之"规"方面,还是在依规治党之"治"方面,都还显然存在不少亟须改进和完善的问题。为此,需要继续强化依规治党之"规"方面的建设,重视党内法规"立规"的合法性与程序性,加强党内法规之"规"在内容上的规范性与可操作性,推进党内法规制度体系建设;需要改进依规治党之"治"方面的建设,提高党内法规的执行力,并减少和避免党内法规与国家法的冲突与不协调。
[Abstract]:The rule of law is the inevitable choice of the development of Chinese. China Communist Party playing the leading role in the rule of law, the leadership of the party is to promote the rule of law, accelerate the construction of a socialist country under the rule of the most fundamental guarantee. We must strengthen and improve the Party leadership in the rule of law, and the party's leadership to implement comprehensively promote the rule of law in my whole process. In accordance with regulations, the party is not only the necessity in theory, has the reality urgency. The relationship between the party and the rule of law and regulations, the rule of law in accordance with regulations and the party are mutual influence and mutual restriction. Based on the perspective of the rule of law in accordance with regulations, the party's purpose is to make the masses of cadres party on the formation rules of regulations of the party as awe and respect, so that it can effectively play a role in the management and Administration of the party. However, at present, in accordance with regulations in accordance with regulations of the party, regardless of party rules, also In accordance with regulations of the party "treatment", is also clear that there are many urgent need to improve and perfect the problem. Therefore, need to continue to strengthen the construction of the party in accordance with regulations of the "Regulations", the legitimacy and procedural regulations of the Party attaches great importance to legislation rules and regulations of the party's "rule" to strengthen in the content of the specification and operability, promote the construction of party system of laws and regulations; to improve the construction of the party in accordance with regulations "governance", to improve the regulations of the party's executive power, and to reduce and avoid the conflicts within the Party regulations and state law and coordination.

【作者单位】：上海社会科学院法学所;昆明理工大学法学院;
【分类号】：D262.6;D920.0

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