Research On "Discipline And Law Linking Through Law And Law"

The Central Committee of the CPC has insisted that the party should be in charge of the party and run the party strictly in an all-round way since the 18 th National Congress of the CPC.It has constantly improved the system of laws and regulations within the party and formulated and revised a number of important laws and regulations within the party.These laws and regulations come down in one continuous line and each performs its own duties,which provides a systematic and standardized basic compliance for the discipline inspection and supervision organs to carry out supervision and discipline enforcement accountability and supervision,investigation and disposal.How to adapt to the new situation,new tasks and new requirements of the discipline inspection and supervision system and institutional reform,in the discipline inspection and supervision practice,in the practice of discipline inspection and supervision,"pay attention to the connection and coordination between the laws and regulations within the party and the national laws,improve the implementation of the laws and regulations within the party,use the laws and regulations within the party to implement the party's management and strict governance,and promote Party members and cadres to take the lead in complying with the national laws and regulations",especially to do a good job in "Connecting Discipline with Law and Coordinating Laws",which is an important subject to be studied and solved under the background of socialism with Chinese characteristics in the new era."Connecting Discipline with Law and Coordinating Laws" not only requires the supervision committee of the Discipline Inspection Commission to give full play to the advantages of joint office,realize the integration of leadership system and working mechanism,discipline enforcement review and law enforcement investigation,applicable discipline and applicable law,but also requires the supervision to effectively connect with the judiciary,conform to the standards and requirements of laws and regulations in fact identification,procedure link and application of law,and connect with the trial centered criminal procedure System reform should be coordinated.At present,in the face of many new situations and new problems encountered in the process of reform,discipline inspection and supervision organs are in the stage of exploring and moving forward while establishing rules and regulations,and the systematic and forward-looking system construction is not strong;in terms of theoretical research,there are many academic researches focusing on the construction of "inner-party laws and regulations",few researches focusing on "Connecting Discipline with Law and Coordinating Laws" and other issues,and the guiding role of the theory needs to be strengthened.This paper uses normative analysis,historical comparison,case analysis and other methods,combined with my own work experience in the grass-roots discipline inspection and supervision organs,as well as my own confusion and thinking in the process of the reform of the discipline inspection and supervision system,drawing on the existing research results of the academic circle on "Inner-party Laws and Regulations","Coordination of Discipline and Law","Coordinating Laws",respectively,from the "Connecting Discipline with Law and Coordinating Laws" and other aspects.The macro research on the basis of legal theory,system and mechanism,system construction,process design,and how to realize "Connecting Discipline with Law and Coordinating Laws" in the actual discipline inspection and supervision work is discussed from the aspects of case handling concept,functional jurisdiction,supervision evidence,etc.The chapter of "legal basis" focuses on the related concepts,legal basis and theoretical basis of "Connecting Discipline with Law and Coordinating Laws".The chapter of "system and mechanism" systematically combs the fruitful results of system construction and mechanism construction in the process of discipline inspection and supervision system and institutional reform,which is conducive to "Connecting Discipline with Law and Coordinating Laws".The chapter of "system construction",based on a brief review of the current situation of the construction of inner-party laws and regulations,national laws and local laws and regulations related to "Connecting Discipline with Law and Coordinating Laws",the paper points out the deficiencies in the construction of supervision laws and regulations,the depth of the connection of Discipline with Law,and the strength of the Coordination of Laws.The chapter of "process design",combined with the practice of discipline enforcement,the optimization design of the internal case handling process of the Commission for Discipline Inspection and the effective connection of the work process between the Commission for Discipline Inspection and the judiciary are discussed.The chapter of "concept of handling cases",combining with the practice of discipline enforcement,the author analyzes and discusses the concepts of limitation of prosecution,from the old to the lighter and presumption of innocence,which are stipulated by the state law and in the theoretical research of law.The chapter of "functional jurisdiction",according to the requirements of relevant laws and regulations on discipline inspection and supervision and the report of the plenary session of the Central Commission for Discipline Inspection,this paper studies the issue of "Connecting Discipline with Law and Coordinating Laws" on the subject of jurisdiction and the charges of jurisdiction.The chapter of "supervision evidence",according to the requirements of the relevant discipline inspection and supervision laws and the report of the plenary session of the Central Commission for Discipline Inspection,the paper studies the problem of "Connecting Discipline with Law and Coordinating Laws" such as evidence standards and investigation measures.The main innovative ideas are as follows:1.Based on the in-depth analysis of relevant concepts such as "Inner-party Laws and Regulations","Party discipline","national law" and so on,combined with the background and document sorting of "Connecting Discipline with Law and Coordinating Laws",the connotation of the concept of "Connecting Discipline with Law and Coordinating Laws" is clearly put forward.It is pointed out that "Connecting Discipline with Law and Coordinating Laws" includes not only the leading system and working mechanism of the Discipline Inspection Commission,discipline supervision and law supervision,application of discipline and of law,discipline enforcement trial and law enforcement trial,but also includes the effective connection of standards and requirements of supervision and justice in the determination of facts,procedures and application of law,and the coordination with the reform of criminal procedure system centered on trial.2.By analyzing the internal relationship between the compulsory guarantee norms in the party's laws and regulations and the national laws,combining with the practical results of the party's strict and rule-based governance since the 18 th National Congress of the CPC,drawing on the research results of the power supervision and window breaking theory of political science,the rational man hypothesis theory of economics,the incentive strengthening theory of management science,etc.,from the angles of power supervision and the system of law unifies,and explores and puts forward the theoretical basis of "Connecting Discipline with Law and Coordinating Laws".3.Adhere to the problem orientation,and systematically study and sort out the connection between the regulations of the CPC on disciplinary action,the supervision law of the PRC(including the provisions on supervision and law enforcement by supervision organs)and the criminal law of the PRC and other party discipline and state laws in terms of substantive provisions.On this basis,combined with a number of fresh cases experienced in the practice of discipline enforcement,this paper analyzes the concepts of limitation of prosecution,leniency from the old and presumption of innocence in the national legal provisions and theoretical research of law,and makes a preliminary study on the reference value of these concepts for the formulation and implementation of Party discipline norms and their connection and application between Party discipline and national law.4.By means of charts and cases,this paper analyzes the scope and relationship between the object of Party discipline punishment and the object of government administration punishment.Meanwhile,combined with the regulations of Party discipline punishment and the relevant provisions of criminal law,88 charges under the jurisdiction of the supervision committee at all levels are divided into corruption and related charges,misappropriation of public funds and related charges,bribery and related charges,crimes of dereliction of duty.In addition,it makes a preliminary study on the distinction of the behaviors involved in various kinds of crimes in terms of violation of discipline,violation of law or crime,as well as "Connecting Discipline with Law and Coordinating Laws" in the specific handling process.