摘要
"党内法规"的基本性质属于社会法和软法。但是由于我国宪法确立的中国共产党的特殊领导地位,中国共产党党内法规对党务的调整必然影响和涉及国务。从而,中国共产党的党内法规又同时具有一定的国家法和硬法的因素。中国共产党依法领导国家,依法执政。依法领导和依法执政既要依国家法律,又要依党内法规。但党内法规应服从国家法律,国家法律优位于党内法规。党内法规一般调整党的组织、活动与党员的权利、义务,在某些公共治理和社会管理领域,党内法规也调整国家公权力和社会公权力关系。因此,党内法规也应纳入国家统一的违宪、违法审查机制,以保障国家法制的统一。
The basic nature of the inner regulations of the Communist Party of China is pertaining to the social law and the soft law. However, being in a special leadership position established by the Constitution of our country, the adjustment of the Party-related affairs by the inner regulations of the Communist Party of China will inevitably affect and involve the state-related affairs. Thus, the inner regulations of the Communist Party of China also have some factors of the national law and the hard law. The Communist Party of China leads and governs the country in accordance with the law. So its leadership and governance should follow not only the national law, but also its inner regulations. But the inner regulations of the Party should be subject to the national law, as the latter has priority over the former. The inner regulations of the Party generally adjust its organization and activities, as well as the rights and obligations of Party members. But in certain areas of public governance and social management, the inner regulations of the Party also adjust the relationship between national public power and social public power. Therefore, the inner regulations of the Party should be incorporated into the national unified mechanism of examination on unconstitutional and illegal activities, so as to guarantee the unity of our national legal system.
出处
《北京大学学报（哲学社会科学版）》
CSSCI
北大核心
2012年第3期109-120,共12页
Journal of Peking University(Philosophy and Social Sciences)
关键词
党内法规
社会法
软法
依法执政
inner regulations of the Party, social law, soft law, governance according to the law
作者简介
姜明安，男，湖南汨罗人，北京大学法学院教授
