Research On The Reform Of Organizational Law Under The Background Of Party-Government Co-ordination

The institutional reform of party-government co-ordination puts forward a new research topic for the reform of the organizational law,which promotes the modernization of national governance system and governance ability by integrating the functions and powers of the party-government departments,adjusting the organizational structure of the departments,optimizing the relationship between the party and government.At present,the academic research on the party-government co-ordination mainly focuses on the fields of administrative management and political science,while the research in the field of law is still lacking.The only legal research focuses on the system of administrative subject,the field of administrative relief and the administrative responsibility,and few studies are carried out from the perspective of organizational law.With the continuous advancement of this round of institutional reform,the office of the party and government will become a new normal organizational form,which will have a great impact on the organizational law.However,because the content of China’s organizational law is crude and backward,it cannot play a leading and promoting role in the reform.Therefore,China’s institutional reform is mainly adjusted by the legislative decision of the NPC and the"three decisions" plan compiled by the Central Committee of the People’s Republic of China,and the organizational law plays an insignificant role.So this article in socialism with Chinese characteristics under the background of the rule of law system continuous perfect,from the perspective of organization construction of the rule of law,combining with the current theoretical research and practical experience,from three aspects including the thought innovation,theory innovation and standard innovation,discusses how to perfect the organizationally legal system under the background of party and government offices,so as to promote the formulation of institutional reform.This paper is composed of three parts:introduction,text and conclusion.The text is divided into five parts to elaborate and study the reform of the organizational law under the background of the Party and Government Co-ordination.The conclusion analyzes the innovation and shortcomings of this paper,and puts forward the outlook for the future.The introduction part introduces the current research background of the organizational law reform under the background of the party and government offices,the research status in China and the research methods used in this paper.The first part of the text elaborates the basic theory of the reform of the organizational law.Starting from clarifying the connotation and background of the reform of the organizational law,it explores the important significance of promoting the reform of the organizational law by clarifying the basic principles of the reform of the organizational law.Body of the second part of a detailed investigation of the history of constitutional change,through the organic law of change period,summarized the characteristics of the constitutional change,combining with the exploration practice of the party and government offices at the same time,the mining practice experience of party and government offices and finally summarizes the deficiency of constitutional change,it is concluded that the current organic law cannot meet the demand of party and government offices of the institutional reform of the rule of law.The third part of the text analyzes the important significance of the organizational law for the reform of the party and government office system,mainly from the two aspects of the promotion and protection of the organizational law for the work of the party and government co-ordination.The fourth part elaborates the challenge brought by the office of the party and government for the organizational law.This article first summarizes the deficiency of the organic law itself,and then analyzes it is inadequate to respond to the traditional administrative subject theory,internal operating problems and the problem of combining the party laws with regulations.Specific including:"the mode of the subject of litigation" of administrative subject theory lack the power of coping with problem,the relationship between party and government are conflict.There are multiple systems of jurisdiction and isomorphic responsibility and leadership after merge,as well as the cohesion of the party laws and regulations and administrative organic law problems.The fifth part of the text is the key point of this article.I put forward my ideas about the construction of the organization of the rule of law under the background of the party and government offices in this part.First of all,the construction of organizational rule of law needs ideological innovation.Under the premise of adhering to and strengthening the leadership of the Party,the local initiative and enthusiasm should be given full play,and the basic principles of "simplification,efficiency,unity" and "function,difference,system" should be followed.Secondly,the construction of organizational rule of law needs theoretical innovation,including expanding the basic principles of organizational law,re-understanding the theory of administrative subject,straightening out the internal operating mechanism of organs,and promoting the connection with the rules and regulations within the Party.Finally,the construction of organizational rule of law needs to be standardized and reformed.Under the basic principle of organizational law reform,laws and regulations related to the party and government offices should be revised,the organizational law system of the party and government organs should be constructed,the norms of the party organization should be improved,and the connection between the internal party regulations and the administrative organizational law should be promoted.