Research On The Organizational Law Of Township Party Committee And Government Joint Office

"Rural work has an important strategic position in the overall situation of the party and the country,and is the top priority of the work of the whole party." This is the first sentence of the "Rules of the Communist Party of China on the Work of Rural Grassroots Organizations".Article 1 of all currently publicly available intra-Party regulations clearly states the purpose of formulation,except in the regulations on the work of rural grassroots organizations,which adds this sentence of value judgment with constitutional significance before the formulation purpose of Article 1.General Secretary Xi Jinping pointed out,"History and reality tell us that agriculture is the foundation of the state,and solid foundation leads to a peaceful country." Township party committees,as the main constitutional body,together with village party organizations constitute the foundation of the party’s overall work and combat power in rural areas.The township party committee originated from the revolutionary base area led by the Communist Party of China and led the township government to carry out the War of Resistance against Japanese Aggression and the War of Liberation.It has a glorious revolutionary tradition.Adhering to the party’s leadership and ensuring that state institutions exercise their powers in accordance with the law is the meaning of the current constitution.But what is puzzling is that from the period of the revolutionary base area to the new era,the township party committee and government have been operating jointly,resulting in the constitutional problem of overlapping functions and goals.The root cause is that there is insufficient system space for township party committees to lead the government and to support the government in exercising its functions and powers in accordance with the law.This article believes that starting from Xi Jinping thought on the rule of law,the concept of the subject of the constitution should be constructed,and the theory of joint office of the party and government agencies should be explained.It comprehensively demonstrate the joint office of the township party committee and the government from six aspects of system carrier,system origin,empirical investigation,organizational function,the constitution of organization law and its dilemma,the restructuring of the organization law and fundamentally solve the constitutional problem of functions and goals overlapping of the township party committee and government.The first chapter is the general principles of the township party committee and government joint office.Xi Jinping thought on the rule of law contains a wealth of theories on the connection between party regulations and state laws,which provides a basic theoretical framework for discussing township party committees and government joint office.Under the connection of party regulations and state laws,the basic subject established by the party constitution and the constitution and assuming constitutional functions becomes the constitutional subject,and the township party committee and government become the fundamental constitutional subject within the township administrative region.Due to the special characteristics of the township system,the township party committee and government have formed factual joint office.The joint office of the party and government institutions is an important part of the current round of party and state institutional reforms.There is no institutional obstacle to promoting the reform of the township party committee and government joint office.It is practical and operable,and has important enlightenment significance for solving the constitutional problems of the overlapping functions and goals that have been formed by township party committees and governments.The second chapter is the system carrier of the township party committee and government joint office.The history of my country’s township system can be roughly divided into three periods: inaction politics,local autonomy,and state power.During the period of the revolutionary base areas,under the leadership of the Communist Party of China,the township system has been incorporated into the formal system,laying a solid foundation for the constitutional status after the founding of the People’s Republic of China.In general,the township system has undergone a transition from society to the state,from informal establishment to formal establishment.Compared with the county system,the township system has more obvious social attributes and profoundly shapes the basic organizational form of the township system.The township system is at the bottom of the national administrative regional system,connecting the country and society,forming the characteristics of limited space,center of gravity downward,simplicity and efficiency.One of the basic goals of the township party committee and government joint office is to simplify the institutional setup,which is completely in line with the characteristics of the township system.The third chapter is the origin of the system of the township party committee and government joint office.The Communist Party of China led the people in the revolutionary base areas to conduct an arduous war and established the constitutional principle of the Party leading the government organs.In order to meet the needs of the war situation and establish and consolidate the revolutionary base,within the limited institutional space of the township system,the township party committee leads the government through the party system,integrates government functions,and forms a state of joint office of the party and government,which also results in overlapping of functions and goals problem.After the founding of the People’s Republic of China,although there have been three periods of party-government integration,party-government separation,and party-government interaction,the operation form of township party committee and government joint office has never changed.The township party committee and government joint office has a solid historical foundation,and can fundamentally solve the constitutional problems of overlapping functions and goals that have been formed by township party committees and governments.The fourth chapter is the investigation of G town where the township party committee and government joint office.There are huge differences among towns,but there are also basic similarities.The basic conclusions drawn from the investigation of G town can be applied to most towns.The Party Committee of G Town,through personnel control,group division,and party member mobilization,has achieved leadership over the People’s Congress and elected the mayor of the G Town People’s Government.Through the cross-appointment system,a high proportion of G town party committee members concurrently serve as government leaders,and are in charge of administrative work without distinction.Due to the insufficient supply of the township government’s organization law,the G town party committee integrated the operation of the township government through the party’s leadership constitution system,and realized the integration of functions and responsibilities,leading agencies,goals,and working systems,forming factual joint office.Therefore,the reform of township party committees and government joint office has a solid practical foundation.The fifth chapter is the function of the organization law of the township party committee and government joint office.Through the joint office of township party committees and governments,the dual democratic centralism of party institutions and government institutions has been integrated,and the centralized and unified leadership of the central government has been further strengthened.The township party committee uses the power of the party to coordinate the dispatched agencies of the county-level departments,which can effectively make up for the administrative functions of the township government.Township party committees are incorporated into the system of people’s congresses through the government,enabling the party’s leadership,the people to be masters of the country,and the rule of law to achieve organization unity in the township administrative region.The constitutional main body of township party committees will be enhanced,and the integration of leadership and guidance and complex town-village relations will be streamlined.Under the leadership of the township party committee,the elements of township autonomy,the rule of law,and the rule of morality are easier to stimulate and integrate,and the township government’s constitutional function of integrating the state and society is better brought into play.The sixth chapter is the organization law system and its predicament of the township party committee and government joint office.The Party Constitution and the Constitution,as fundamental laws,have abstract characteristics and can only provide the principles and norms of the township party committee and government organization law,and there is no connection between the two in the "township".Regulations on the work of rural grassroots organizations and local organization laws are the main system supply for township party committees and government organization laws,but the focus is on “village party organizations” and “state institutions above the county level”,and the supply of organization laws for township party committees and governments is still insufficient.The formulation of the township party committee government organization law system is more inclined to local powers,but at present,the local party regulations for the township party committee work and the local legislation of the township government organization law are seriously lagging behind.Therefore,the township party committee and government implement joint office,and the primary problem to be solved is to reconstruct the current township party committee and government organization law.The seventh chapter is the reconstruction of the organization law of the township party committee and government joint office.At the central level,some articles of the party constitution were revised to improve the constitutional main body of township party committees.Formulate regulations on the work of township party committee(government),and give the township party committees the legal status of joint office.Amend the legislative law and the organization law of local state institutions.At the provincial level,push the central party’s regulations to sink to the township level,formulate intra-party regulations on the work of township party committees,strengthen the organization of provincial-level local legislation by township governments,improve the cross-appointment of township party and government leaders,and divide the division of administrative functions and powers between counties and townships.At the county and township level,improve the county-to-township assessment system,improve the township people’s congress system to develop democracy in the whole process,improve the major administrative decision-making system in townships,promote the rule of law in the establishment of township institutions,and implement the responsibility of the main person in charge of the township party and government to promote the construction of the rule of law.