Research On The Spillover Effect Of Inner-party Regulations And Its Manifestation Forms

The Fourth Plenary Session of the 18 th CPC Central Committee proposed to form a perfect system of Party regulations,while incorporating the Party regulations system into the socialist rule of law system with Chinese characteristics,reflecting the important position of Party regulations in the governance of the Party and the state.The spillover effect of Party regulations is a special legal phenomenon existing in the socialist rule of law system with Chinese characteristics.The spillover effect of Party regulations studied in this paper refers to the influence and binding force on non-Party organizations and non-Party members in the process of implementing Party regulations with Party regulations as the carrier.Taking the connotation and characteristics of the spillover effect of party regulations as the starting point,the thesis focuses on the justification,manifestation form and its legal regulation of the spillover effect of party regulations.The basic content is designed into five chapters except for the introduction and conclusion.As the spillover effect of party regulations is a figurative term and there is no common standardised concept at present,this paper firstly distinguishes the spillover effectiveness and effect of party regulations from the analysis of the effectiveness of party regulations,proposes that the concept of the spillover effect of party regulations should be based on the binding effect on the outside of the party and then add the influence on the outside of the party,and then analyses the characteristics,impact of the spillover effect of party regulations and stage characteristics.Chapter 2 justifies the spillover effects of Party regulations from historical,theoretical and practical perspectives,as evidenced by the CPC’s adherence to the primacy of the people and the virtuous cycle of two-way interaction with them,the Party’s central leadership position and the Party’s reform initiatives to promote the modernisation of state governance.Chapter 3 distinguishes the manifestations of the spillover effect of party regulations by two criteria: the content of the party regulations and the subject of their formulation,specifically divided into the spillover of leadership regulations and the spillover of construction regulations,separate spillover and mixed spillover.Chapter 4 discusses the necessity of regulating the spillover effect of party regulations from two perspectives: the current problems of the spillover effect and the promotion of effective articulation between party regulations and national laws,and puts forward a system vision: to limit the spillover effect of party regulations in principle,to adjust the filing and review system of party regulations in a targeted manner,and to build a more complete system from the perspectives of review subjects,initiation methods,linkage and articulation mechanisms and accountability,so as to solve the legal disputes arising from the spillover effect of party regulations in practice.