Research On The Linkage Mechanism Between Intra-Party Regulations And National Laws For Filing And Examining

With the continuous improvement of the system of intra-party regulations,the Fourth Plenary Session of the 18 th CPC Central Committee further put forward higher requirements that intra-party regulations should pay attention to the connection and coordination with national laws.Governing the country according to law and governing the Party according to rules requires to strengthen the cohesion and coordination between internal regulations and national laws,which has become a hot topic in academic research.The linkage mechanism of archival filing and examination is related to the effectiveness of intra-party regulations and national laws,as well as the core link of the detailed research on the theoretical construction of the convergence and coordination between the grand intra-party regulations and national laws.First of all,it defines the basic concepts involved in the linkage mechanism between intra-party regulations and national laws for archival and review,and on this basis points out that the establishment of the linkage mechanism for archival and review is needed to control spillover effects,and can standardize the archival and review of joint documents issued by the Party and the government.It is the need to examine the legality of intra-party regulations as well as the complementarity of the archival examination procedures of intra-party regulations and national laws.Secondly,it analyzes how the mechanism is applied to the archival examination of national laws and intra-party regulations.As for the application of the linkage mechanism to the archival filing and review of intra-Party regulations,it is necessary to use the linkage mechanism only for the legality review of intra-Party regulations.When the mechanism for archival filing and review is applied to the archival filing and review of national laws,it is necessary to use the mechanism for reviewing the power of state organs only when the legislative content involves the Party.Only in accordance with the legal procedures can the illegal examination be effectively supervised.For those that do not have the right to review,the relevant state organ may submit its review proposals to the relevant Party organization’s record review organ in the form of a linkage mechanism for archival examination.At the same time,there is no provision for record examination in dealing with violations of administrative regulations in the Party regulations.It is necessary to take record examination as a link and establish a linkage mechanism to fill this gap.Then,in view of the application of these two systems,the author puts forward the point of view that the intra-party regulations and national laws lack linkage in the archival examination and review,which is reflected in the unclear connection of the main body of the archival examination and review,the insufficient review standards for the archival examination and review,the unclear supervision and accountability of the archival examination and review work and the unclear retroactivity of the archival examination results.Thirdly,we will explore ways to optimize the linkage mechanism between intra-party regulations and national laws.The joint conference system is the most widely used and the most reasonable by comparing the three linkage mechanisms,namely the representative system of the People’s congress,the judicial review and the joint conference system.At the same time,it puts forward the optimization path,including clarifying the subject of the archival examination and review linkage mechanism,clarifying the legal compliance and rationality of the archival examination and review linkage mechanism,clarifying the supervision and accountability of the archival examination and review mechanism,and clarifying that the archival examination and review results have no retrospective effect.