On The Restriction Of Party Members’ Basic Civil Rights By Inner-Party Regulations

"Party rules and party discipline are stricter than national laws",which means that the provisions of party regulations on party members’ obligations impose certain restrictions on the basic rights enjoyed by party members as citizens.This normative phenomenon needs to be properly explained in the background and principle of the "four Comprehensives" strategic layout,especially the organic unity of ruling the country by law and governing the Party according to rules.In the first place,it is legitimate to restrict the basic civil rights of party members.The constitutional foundation of the legitimacy of its purpose lies in that the Communist Party of China,as a socialist type of constitution,determines its leading position and enforces the ruling mission.In order to fulfill its constitutional task,it must maintain its advanced nature,purity and militancy by restricting the behavior of party members and comprehensively governing the Party with strict discipline.There are consent theory,natural responsibility theory,fairness principle theory,special power relation theory and so on to demonstrate the legitimacy from different aspects.By contrast,a better argument can be made by taking the consent theory plus the constitutional delegation theory.Secondly,the restriction of party members’ basic civil rights by inner-Party laws and regulations should follow the following basic principles: in form,it should follow the principle of distinction between restricted objects,the principle of reservation of central inner-party laws and regulations,the principle of clarity,and the principle of non-retroactivity;In essence,the principle of forbidden improper connection,proportion,equal protection and core content guarantee should be followed.In the third,according to the constitutional law on the basic theory of constitutional review of legal restrictions on the basic rights of citizens,the party regulations can be divided into mild,moderate and severe restrictions on the basic rights of party members.Among them,the party’s laws and regulations can mildly restrict the rights of personal freedom,privacy and reputation,moderately restrict the rights of private property and rest,and severely restrict the rights of voting and standing for election,political freedom and freedom of religious belief.