Research On The Rights And Obligations Norms Of Party Members

The Fourth Plenary Session of the eighteenth Central Committee of the Communist Party of China reported that the inner-party laws and regulations were included in the socialist legal system with Chinese characteristics.At the same time,the report also points out that the main basis for the ruling of the Communist Party of China according to law is not only the Constitution and the law,but also that the party rules and regulations should be the important basis for the party to govern the country and to govern the party and the party.It is an important guarantee for democracy within the party and the rule of law within the party.Rights and duties are the central category and basic element of the theory of law.They are the basis of the rule of law,justice and order.Similar to the status and role of the civil rights and obligations in the national legal norms,the party members’ rights and obligations are also the main components of the party laws and regulations.In the background of the ruling according to law,the rule of law and the construction of socialist rule of law,using legal thinking,methods and related theories,the rights and obligations of citizens as a blueprint,is of great theoretical and practical significance to study on the rights and obligations of Party member standard requirements.In the background of ruling according to law,ruling the country by law and building the socialist rule of law,based on the civil rights and obligations,it is of great theoretical and practical significance to apply the legal thinking,methods and related theories to the study of the rights and obligations of Party members.Present stage,the Communist Party of China’s internal laws and regulations have achieved results.However,there are still a series of problems in the regulation of Party members’ rights and obligations.For example,there are still conflicts between the rights and obligations of Party members and the norms of civil rights and obligations,the proportion of the standard of obligation and the standard of right is seriously maladjusted,standard terminology is not precise enough,there are still many problems in the aspects of procedural norms and system construction.Therefore,Therefore,this article takes the constitution,the legal standard as the frame,takes the citizen rights and obligations as the comparison standard,applying the relevant basic theories of jurisprudence,the author analyzes the current norms of Party members’ rights and obligations within the party laws and regulations,combining the special logic of Party members’ rights and obligations and the relevant research theories of Party building system,it puts forward the basic requirements of the Constitution and the legal norms for the party members’ rights and obligations norms system,and reflect on the existing problems and causes of the rights and obligations of Party members,and further explore how to realize the basic norms of the rights and obligations of Party members under the guidance of the rule of law,optimize and perfect the system construction.The first chapter is an overview of the rights and obligations of Party members.This chapter takes the relevant concepts and theories of civil rights and obligations as the breakthrough point.The basic theories of Party members’ rights and obligations are expounded by means of legal thinking and methods.Starting from the connotation and characteristics of Party members’ rights and Party members’ obligations,this paper expounds the leading role of regulating the rights and obligations of Party members to the rights and obligations of citizens,and its important value to the rule of law,the rule of law and the construction of socialist rule of law.On this basis,the concept of the rights and obligations of Party members is put forward,and pointed out that,compared with the civil rights and obligations,the construction of Party members’ rights and obligations should follow the special logic of inner-party development.At the same time,through the analysis of the status of Party laws and regulations and the status quo of the rights and obligations of Party members,point out an unbalanced state,that is,the Party member’s duty norm is too many and dispersed,the Party member’s right norm is too little and not comprehensive.The second chapter is about the historical investigation of the rights and obligations of Party members.This chapter makes a special investigation on the relevant provisions of Party members’ rights and obligations since the founding of the party.Since the promulgation of the constitution,the provisions of the rights and obligations of citizens have been constantly adjusted and amended.Similar to the development process of civil rights and obligations,the party laws and regulations for the rights and obligations of Party members there is also a constant improvement,which is an institutionalized,systematic process.The development process of Party members’ rights and obligations is divided into three stages:the period of the new democratic revolution,from the founding of new China to the reform and opening to the outside world,after the reform and opening up.The Communist Party of China’s provisions on the rights and obligations of Party members in different periods,reflects the norms of Party members’ rights and obligations from scratch.From the establishment to the confusion,to the establishment,and finally still need to constantly improve,such a tortuous process of development.The third chapter is an empirical analysis of the norms of Party members’ rights and obligations.This chapter uses some basic theories of law and the mature legislation experience of the national law.Taking the civil rights and obligations as the standard of comparison,this paper combs,analyzes and evaluates the current norms of the rights and obligations of the party members.Several problems existing in the norms of the rights and obligations of Party members:the norms of the rights and obligations of Party members conflict with the norms of the rights and obligations of citizens,the imbalance of numbers concerning the norms of Party members’ rights and obligations,the terms are not rigorous enough,lack of procedural norms,Insufficient execution.At the same time,this chapter makes a thorough analysis of the causes of the above five problems.The fourth chapter is the perfect path of Party members’ rights and obligations.It puts forward several principles that should be followed in the process of perfecting the norms of Party members’ rights and obligations:" Constitutional supremacy and Party constitution is fundamental",the principle of laws and regulations,systematization construction principle.In addition,according to special logic that the obligations of Party members are preferred and take the construction of Party members’ rights into consideration at the same time.The emphasis is on the realization of the norms of the rights and obligations of Party members and the coordination and cohesion of the rights and obligations of citizens,perfect the laws and regulations of Party members’ rights and obligations,establish and improve the system of Party members’ rights protection and duty responsibility system.Through the cultivation of the rule of law culture and executive culture,we should establish a study system of inner-party laws and regulations to improve the rights and obligations of Party members and standardize the construction of the environment.By using the construction of legal system,institutional system and environmental system of the rights and obligations norms of Party members,to promote the process of the rule of law and Socialism rule of law.