The Effect Of Intra-party Regulation

The explicit Intra-party regulations in the fourth Plenary Session of the 18 th CPC Central Committee,greatly promoted the academic research for the problem of the Intra-party regulations,including the Intra-party regulations` history,nature,cohesion between the Intra-party regulations and national laws and even the right of the Communist Party of China.The research of effect of the Intra-party regulations is firstly about its closure that the sealing performance in the Intra-party regulations adjustment scope,system adjustment method and the adjustment means can form a stable closed distinguished the Intra-party regulations from national laws,and openness that tolerance and connection keep the Intra-party diversity and external,providing the possibility for the research on the effect of the legal regulations of the Intra-party regulations;the partial coincident of research scope between Intra-party regulations and national laws is the logical starting point,the adjustment range of the Intra-party regulations including two aspects "people" and "things",based on the adjusting of the research scope the distinction between internal laws and regulations of the external clear regulations of the party consist the Intra-party regulations witch contents kinds of standardized properties,such as party behavioral norms,norms set of social management functions and special "policy-right",distinguish between internal regulations and external regulations should be throughout the entire study;the Intra-party regulations have dual attributes: legal attributes and policy attributes(the priority one),essentially it is not national laws but informal legal origin,especially some is also part of the regulations of the party as a quasi-use clause that has legal effect,providing a practical basis for the study of the legal effect of the Intra-party regulations.All the Intra-party regulations must follow the fundamental principle——must not be in conflict with the Constitution,it contents not be contradict the Constitution and be legal validity under the legal framework,to follow the constitution and keep tolegal reservation law and legal priority principals and not violate compulsory legal norms,the external regulations should be the " forerunner of national laws" or the so called "test method",and when conditions are ripe,external regulations can rise for the national laws,in the implementation process,the Intra-party regulations and national laws to achieve the docking of entity and procedure,reciprocally complementary both functions.From the view of the operation and the level of effectiveness,the Intra-party regulations is for specific and complement national laws,it should be a judicial theory,as informal source of law laws and quasi-use clauses,partial Intra-party regulations should be judicial application,because the special right of the party,the Intra-party regulations have the effectiveness of “constitutional presumption”——not only reflecting the respect for the leadership of the party,but also keeping the Intra-party regulations under the framework of constitution.Although the Intra-party regulations exist in national laws in a variety of ways,having a special status and legal effect,it can not be denied that the Intra-party regulations and national laws do not coordinating in any ways: language application lacking of accuracy,beyond the application scope,dis-coordination of basic content,lacking of relief channels,etc.One hand,we should focus on the construction procedure,standardization,and construction of Intra-party regulations,on the one hand,we should speed up the procedure standard specialized development,strengthen the inner-party democratic system construction,improv the interpretation of the Intra-party regulations and establishing the record and review mechanism.