Research On Party-Government Jointly Issued Normative Document And Its Legalization

The joint issuance of normative documents by the party and the government has roughly gone through three stages: trying to reduce the joint issuance of documents by the party and the government at the beginning of the founding of new China;responding to the “separation of the party and the government” after the reform and opening up;strengthening the integration of the party and the government since the 18 th CPC National Congress.The joint issuance of normative documents by the party and the government is embedded in China’s existing political system,which helps to strengthen the party’s leadership,improve administrative efficiency,promote the coordinated governance of the party and the government,and enhance the effectiveness of policy implementation.With the comprehensive promotion of the rule of law in China,the common issue of normative documents by the party and the government presents some obvious problems and shortcomings:firstly,because the normative documents jointly issued by the party and government belong to the inner-party normative documents,the standard system of issuing the normative documents within the party needs to be improved,and the norms related to administrative matters lack the legitimacy restriction mechanism;secondly,it is unable to apply the record review system of the Standing Committee of the National People’s Congress,the recording and reviewing system of the judicial administration,the government information disclosure mechanism and the review system with normative documents attached to administrative litigation;the third is the problem of insufficient connection with the national legal system and the lack of coordination with the laws and regulations within the party.Therefore,this paper puts forward the countermeasures and suggestions for the legalization of the joint issuance of normative documents by the party and the government:firstly,introduce the regulations on the joint issuance of normative documents by the party and the government,and the regulations on the filing and reviewing system of the joint issuance of the normative documents by the party and the government,and improve the legal basis for the joint issuance of the normative documents by the party and government;secondly,the establishment of the leading group system,joint meeting system,joint examination and approval system,and electronic communication system;the third is to strengthen the procedural constraints on the joint issuance of normative documents by the party and government through improving the links of investigation,drafting,experts verification,legitimacy reviewing,deliberation and issuance;the fourth is to improve the filing and reviewing system of the party’s normative documents and introduce the administrative normative document filing and reviewing criteria;the fifth is to establish the evaluation system after the joint issuance of normative documents by the party and the government;the sixth is to apply various legal supervision channels after the issuance,including the way of the National People’s Congress supervision and judicial supervision.