Research On The Standardization And Institutionalization Of The Party's Leadership In Legislatio

At the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China held in 2014,the general goal of building a socialist rule of law system with Chinese characteristics was put forward.The specific requirements for legislation are:building a complete legal system.The Communist Party of China is my country’s ruling party and the core of leadership for the cause of socialism with Chinese characteristics.Aristotle once proposed that the meaning of the rule of law includes the rule of law-abiding and the rule of good law.The system of legal norms plays a key role in the formation of a good rule of law.Under our existing legislative system,how to enable the party to lead legislation without infringing upon the legislative power of the National People’s Congress is worthy of in-depth study.According to the structure of this article,the article can be divided into five parts.The introduction of the first part of this article first introduces the research background.According to the history of our country since the founding of the country,there are many practical situations of party leadership legislation in our country.In 2018,the leadership of the party was written into the Constitution,giving the party’s leadership the status of fundamental law.The research significance of this article is to standardize and institutionalize the party’s leadership by improving the party’s leadership,so that it can operate within the framework of the law.Existing domestic research can clarify the views of different scholars on party leadership legislation within the framework of socialism with Chinese characteristics,and foreign research results mainly affect the relationship between the party and legislation.This article adopts the method of literature research and historical research to solve the difficulty of data fragmentation.The second part of the article starts with the meaning of "party","leadership" and"legislation" and analyzes the specific subjects in the process of leadership."Party"refers to the Party Central Committee and party committees with legislative powers,not party committees.The sent party group.The meaning of leadership is embodied in several aspects of political leadership and ideological leadership in the process of legislation.The leadership in the process is mainly reflected in political leadership.The relationship between the party and the people’s congress is a dialectical and unified relationship.It is for the people to lead legislation and lead legislation,with a clear division of labor.From the reasons of leadership,analysis can be conducted from two aspects:inevitability and legitimacy.Necessity unfolds from the functional perspective of political parties and legislation,and legitimacy combines my country’s experience with Chinese characteristics.The characteristics of party leadership legislation include changes in party-government relations in different periods,individual leadership and collective leadership,and leadership through state power organs.The third part mainly introduces the specific ways of the party leading legislation under the current system.This article divides the party’s leadership over legislative work into two parts,macroscopically and microscopically.The macroscopically embodies the role of the party’s policy on legislation.Here we use the country’s criminal policy on the process of criminal legislation as an example.At the micro level,the party’s leadership legislation is subdivided into two parts,including the party’s internal leadership process and the linkage mechanism between the party’s leadership and the state legislature.The internal performance of the party’s leadership includes:reviewing and passing legislative plans and plans,making legislative proposals,and carrying out legislative consultations.The leadership when linking up with the legislature is embodied in the practice of reviewing and deciding on major legislative matters,and reporting from the party group to the party committee.At the end of this section,the 2018 Supervision Law is used as an example to vertically demonstrate how the leadership approach is in practice.The fourth part mainly includes the shortcomings of the current system of party leadership legislation.Although party leadership legislation has a long history in my country(the practice of party leadership legislation was formed during the revolutionary period),there is still some distance from the institutionalization and standardization of party leadership legislation.For example,the party’s leadership is not based on sufficient basis,and the party’s leading legislative procedures are not yet complete,leaving many leadership channels without lack of regulation.The responsibilities of the representative of the CCP member representative are confused with the responsibilities of the identity of the party member,and the party and the people’s congress have unclear ownership of the decision-making power on major issues.The party’s decision-making power on major issues and the NPC’s decision-making power on major issues have different sources,so there is inevitably the problem of unclear power ownership between them.The process of linking the party leadership with the legislature is not perfect.The protection of the power of the legislature is insufficient.The majority of the party and the people have the problem of unclear boundaries of the power to decide on important matters.The system of the people’s congress is not perfect,and the legislative power of the people’s congress cannot be well protected.Finally,the legislative consultation procedure has no procedure to follow,and it is actually a laissez-faire of leadership.The fifth part is to seek solutions to the problems raised in the previous part.First of all,the party’s leadership should be promoted to "enter the law" to provide a necessary and reliable basis for party leadership legislation.Second,in response to the deficiencies in procedural regulation,it is natural to improve the construction of procedures,including procedures within the party and procedures for reviewing and deciding legislation on major issues.Third,it is necessary to improve the resolution path of the request for instructions in the legislation of the National People’s Congress,respect the power of the National People’s Congress to lead the legislation,and reduce the number of documents issued by the party and government.In addition,legislative resources should be allocated rationally to solve the difficult problems in legislative work,and to improve the construction of supporting systems for party-led legislation.Regarding the problem of no procedural regulation of legislative negotiation,the establishment of the legislative negotiation system should be strengthened.