摘要
党政联合发文在党内法规系统和国家法律系统中均未受到明确的备案审查规则约束,实践中容易逸脱法治监督,导致权力滥用,亟待创建新的法治监督机制。基于党政联合发文的双重属性,以及政治与行政分工负责的监督原理,在法治轨道上推动党政联合发文的备案审查制度建设,需遵循党规系统与法律系统的双重监督逻辑。在备案审查标准上,党政联合发文应按照党政合理分工的双轨审查模式,依据政治标准与法律标准分别进行审查,完善以党章为根本的党内法规制度体系和以宪法为核心的国家法律规范体系。为避免双轨制中可能出现不同审查标准之间的冲突或难以作出统一的审查结果,应在不同审查系统之间建立健全程序性的衔接协调机制,实现依规治党与依法治国有机统一。
The joint issuance of party and government in the party regulations system and the national legal system are not subject to clear rules of recording review, and in practice, it’s easy to escape from the supervision of the rule of law and lead to abuse of power, so it is urgently necessary to create a new monitoring mechanism of the rule of law. Based on the dual attributes of party and government joint issuance, and the supervision principle of political and administrative division of responsibility, the construction of recording review system of party and government joint issuance is promoted on the rule of law track, which needs to follow the dual supervision logic of party regulation system and legal system. In terms of recording review standards, party and government joint issuance should be reviewed in accordance with the dual-track review model of reasonable work division between party and government, based on political standards and legal standards respectively, to improve the system of party regulations and rules fundamental to the party constitution and the system of national legal norms with the constitution as the core. To avoid possible conflicts between different review standards or difficulties in making uniform review results in the dual-track system, a sound procedural articulation and coordination mechanism should be established between different review systems to achieve an organic unity between ruling the party according to rules and ruling the state according to law.
出处
《中国法律评论》
CSSCI
2023年第1期91-105,共15页
China Law Review
关键词
党政联合发文
备案审查
法治监督
协调机制
Party and Government Joint Issuance
Recording Review
Rule of Law Supervision
Coordination Mechanism
