论依规治党
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On Governing the Party According to Regulations

论依规治党

The article, published by the Research Center of Inner Party Regulations at Wuhan University, addresses the role of internal regulations for successful Party building.


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In October 2017, the 19th Party Congress introduced the term “governing the Party according to regulations” into an amendment to the Party constitution, marking the rise of “governing the Party according to regulations” to the level of a basic method to strictly manage and govern the Chinese Communist Party (CCP) in the new era. At the same time, “the organic unity of governing the country according to law and governing the Party according to regulations” was clearly proposed and regarded as one of the most important features of the system of the socialist rule of law with Chinese characteristics. This article will further explain basic issues, such as what it is to govern the Party according to the regulations, why the Party must be governed according to the regulations, and how to promote the governance of the Party according to the regulations. 

2017年10月,党的十九大将“依规治党”的提法正式写入党章修正案,标志着“依规治党”上升为新时代中国共产党从严管党治党的基本方 式。与此同时,明确提出“依法治国和依规治党有机统一”,并将其视为中国特色社会主义法治体系最重要的特征之一。本文将从学理上对何为依规治党、为何要依规治党、如何推进依规治党等基本问题作进一步阐述。

I. Basic Significance of Governing the Party According to Regulations

一、依规治党的基本内涵

What we call “governing the Party according to regulations” simply refers to the activities of the CCP to administer and govern the Party in accordance with the Party’s internal laws and regulations. It is an innovation in the governance model of the CCP that applies the ideas and methods of the rule of law to the practice of comprehensively and strictly governing the Party. It is a concept that holds practice and exploration come first, after which summaries and proposals are put forward. The Fourth Plenum of the 18th Central Committee once put forward: “Governing according to law requires the Party to govern the country and govern the Party in accordance with the constitution and laws, but that the Party is administered and governed in accordance with internal Party regulations.” This is the basis for the formation of the concept of “governing the Party according to regulations”. Together with “governing the country by law,” it has become one of the dual requirements of the CCP to govern according to the law. On this basis, when listening to the report on the sixth round of inspections by the 18th Central Committee in June 2015, General Secretary Xi Jinping further clearly emphasized that “we must adhere to governing the country according to law and governing the Party according to regulations,” thus formally putting forward the concept of “governing the Party according to regulations.” Since then, important expositions on “governing the Party according to regulations” have emerged in succession, and the understanding of the relationships of governing the Party according to regulations with comprehensively and strictly governing the Party, governing the Party by virtue, and governing the country according to law have also been deepened. We can say that “governing the Party according to regulations” has become an important concept that is representative of the time, locality, and practicality. 

所谓“依规治党”,简单说来是指中国共产党根据党内法规进行的管党治党活动,是中国共产党将法治思维和法治方式运用于全面从严治党实践的治理模式创新,是一个实践探索在前、总结提出在后的概念。党的十八届四中全会曾提出:“依法执政,既要求党依据宪法法律治国理政,也要求党依据党内法规管党治党”。这是“依规治党”概念形成的基础。它与“依法治国”共同成为中国共产党依法执政的双重要求。在此基础上,2015年6月习近平总书记在听取十八届中央第六轮巡视情况汇报时进一步明确强调,“要坚持依法治国、依规治党”,从而正式提出“依规治党”的概念。此后关于“依规治党”的重要论述相继出现,对依规治党与全面从严治党、以德治党、依法治国等关系的认识也不断深化。可以说,“依规治党”已成为一个兼具时代性、本土性和实践性的重要概念。

In terms of a normative basis, the “regulations” of governing the Party in accordance with regulations refer to internal Party laws and regulations. In the past, academic circles had different understandings of the “regulations” involved in governing the Party according to regulations. The fundamental reason was that they confused the difference between governing the Party by institutions and governing the Party according to regulations. From the instructions of General Secretary Xi Jinping on strengthening the construction of the Party’s institutions of internal laws and regulations (党内法规制度), “insist on the coordinated progress and unified construction of governing the country by law with governing the Party by institutions and governing the Party according to regulations,” we can see that there is a conceptual difference between governing the Party by institutions and governing the Party according to regulations. Governing the country by institutions is a philosophy of Party governance similar to “governing the country according to law.” It emphasizes that Party administration and governance should rely on norms rather than the authority of leaders. “Adhere to the equality of all people before the system, implement the system without exceptions, resolutely maintain the rigor and authority of the system, and resolutely correct all kinds of behaviors that involve the failure to follow orders or the violation of prohibitions.” Therefore, under the philosophy of governing the Party by institutions, the “norms” or “Party rules” that play an important role in Party administration and governance will inevitably reflect the feature of strong tolerance and diversity. These include national norms and Party norms, written norms and unwritten norms. In this regard, General Secretary Xi Jinping clearly pointed out that the Party’s rules include the Party constitution, Party discipline, national laws, and the excellent traditions and work practices that the Party has formed over long-term practice. These are the codes of conduct and rules that all levels of the Party organization and all Party members must abide by. Different from the concept of governing the Party by institutions, governing the Party according to regulations is a choice of Party regarding governing strategy and method. The “internal Party laws and regulations” on which this is based are mainly the internal Party laws and regulations that are part of “institutions” in Party governance by institutions. Therefore, it can also be said that “the key to governing the Party by institutions is to govern the Party according to regulations.” It should be noted, that the “internal Party laws and regulations” upon which the Party is governed according to regulations should be understood in a broad sense. That is, in addition to the seven types of internal Party laws and regulations in the narrow sense (the Party constitution, guidelines, provisions, rules, regulations, methods, and detailed rules), this also includes the norms scattered throughout the Party’s normative documents. 

从规范依据来说,依规治党的“规”是指党内法规。过去学术界对依规治党之“规”作何理解存在一定分歧,其根本原因在于混淆了制度治党和依规治党的区别,从习近平总书记关于加强党内法规制度建设的指示,“坚持依法治国和制度治党、依规治党统筹推进、一体建设”中可以看出,制度治党和依规治党存在着概念上的差异。制度治党是一种类似于“依法治国”的治党理念,强调管党治党应依赖既有规范而不是领导人权威,“坚持制度面前人人平等、执行制度没有例外,坚决维护制度的严肃性和权威性,坚决纠正有令不行、有禁不止的各种行为”。故而在制度治党理念下,对管党治党具有重要作用的“规范”或者“党的规矩”,必然体现出较强的包容性、多元化的特点,包括国家规范和政党规范、 成文规范和不成文规范。对此,习近平总书记明确指出,党的规矩包括党章、党的纪律、国家法律,以及党在长期实践中形成的优良传统和工作惯例,是党的各级组织和全体党员必须遵守的行为规范和规则。 与制度治党理念不同,依规治党是关于治党方略、治党手段的一种选择, 其所依之“党内法规”主要是作为制度治党之“制度”中的党内法规部分,因此亦可以说“制度治党重点是依规治党”。需要说明的是,依规治党所依之“党内法规”应作广义理解,即除党章、准则、条例、规则、规定、办法、细则这七类狭义理解的党内法规外,还包括分散在党内规范性文件中的规范。

In terms of value goals, governing the Party in accordance with regulations takes upholding and strengthening the Party’s overall leadership as its core, while taking into account the requirements of democracy, the rule of law, the rule of virtue, and other values. Generally speaking, the main aim of political parties is to seize and maintain political power. This is a manifestation of the political nature of a party. Governing the Party according to regulations is proposed against the backdrop of the comprehensive and strict governance of the Party. Fundamentally speaking, it seeks to solve outstanding problems such as the weakening of the Party’s leadership and loose and lax Party administration and governance. At the same time, as a Marxist party, the CCP insists on putting the people at the center and upholds its original intention and mission of seeking the happiness of the Chinese people and rejuvenation of the Chinese nation. “If the political advanced nature of a Marxist party is lost, there will be no way to discuss the party’s advanced nature and purity.” However, the popular character of the Party is established on the basis of the Party’s leadership. The Chinese Constitution stipulates: “The leadership of the Chinese Communist Party is the defining feature of socialism with Chinese characteristics.” In this sense, the Party leadership is essentially the organic unity of Party spirit and popular character. Of course, in order to govern the Party according to regulations, in addition to the value of the Party’s overall leadership, this also requires the implementation of values such as democracy, the rule of law, and the rule of virtue. For example, in the process of administering the party according to regulations, the building of intra-Party democracy shall be strengthened, institutional authority shall be established, and the governance of the Party by virtue shall be tightly integrated. These are the many requirements inherent in Party governance according to regulations in terms of political and legal aspects, tradition and modernity. Fundamentally speaking, however, governing the Party in accordance with regulations takes upholding and strengthening the Party’s overall leadership as its core value. To paint a picture, democracy is the source of legitimacy in governing the Party according to regulations, the rule of law is the institutional manifestation of governing the Party according to regulations, and the rule of virtue is the moral significance of governing the Party in accordance with regulations. Together, these three concepts serve to uphold and strengthen the Party’s overall leadership. 

从价值目标来说,依规治党以坚持和加强党的全面领导为核心,兼顾民主、法治、德治等价值要求。通常而言,政党以夺取和保持政权为主要目的。这是政党政治性的体现。依规治党因应全面从严治党背景而提出,从根本上说正是为解决党的领导弱化、管党治党宽松软等突出问题。与此同时,中国共产党作为马克思主义政党,坚持以人民为中心,坚守为中国人民谋幸福、为中华民族谋复兴的初心和使命,“如果马 克思主义政党政治上的先进性丧失了,党的先进性和纯洁性就无从谈起”。但是,党的人民性建立于党的领导基础之上。我国宪法规定:“中国共产党领导是中国特色社会主义最本质的特征。”在这个意义上,党的领导实质上是党性和人民性的有机统一。当然,依规治党除了党的全 面领导价值外,也需要贯彻民主、法治、德治等价值。如在依规治党过程中,应当加强党内民主建设,树立制度权威,与以德治党紧密结合 等。这些是依规治党政治性和法治性、传统性和现代性内在的多重要求。但从根本上说,依规治党应以坚持和加强党的全面领导为核心价值。形象地说,民主是依规治党之正当性源泉,法治是依规治党之制度性表现,德治是依规治党之道德性内涵,三者统一服务于坚持和加强党的全面领导。

In terms of practical motivation, governing the Party according to regulations represents the unity of demand and supply for comprehensive and strict governance of the Party. Since the 18th Party Congress, the Party Central Committee, with Comrade Xi Jinping at its core, has proposed the comprehensive and strict governance of the Party and incorporated it into the “Four Comprehensives” strategic layout for coordinated advancement. “For the comprehensive and strict governance of the Party, the core issue is to strengthen the Party’s leadership, the foundation is comprehensiveness, the key is strictness, and the vital element is governance.” Because the rule of law is the basic approach to modern state and social governance, in terms of the governance practice requirements for comprehensive and strict Party governance, the fundamental approach is to implement the thinking and methods of rule of law in the internal governance of the Party. This constitutes the practical motivation for governing the Party according to regulations. Because of this, we say that governing the Party according to regulations is “a long-term and fundamental strategy for comprehensively and strictly governing the Party.” In terms of the supply side, first, governing the Party in accordance with regulations will lay the institutional cornerstone for the Party’s long-term governance and the country’s long-term peace and stability by strengthening the construction of the Party’s institutions of internal laws and regulations. Second, governing the Party in accordance with regulations by integrating Party institution building into other aspects of party-building, the Party’s leadership and party-building are all included under the scope of institutional adjustment so as to fully implement institutions to manage authority, matters, and people. Third, governing the Party according to regulations applies strict standards and measures throughout the entire process and all aspects of the practice of governing the Party according to regulations. “The Party constitution and other Party regulations demand more of Party members than the law. Party members must not only strictly abide by the laws and regulations, but also strictly abide by the Party constitution and other Party regulations and demand more of themselves.” Fourth, governing the Party according to regulations is focused on addressing root issues. Through the continuous improvement of norms and summary of practical experience, it is not only based on solving the existing prominent contradictions and problems within the Party. At the same time, it also prevents the emergence of new contradictions and new problems and the reemergence of old contradictions and old problems. 

从实践动力来说,依规治党是全面从严治党需求与供给的统一。党的十八大以来,以习近平同志为核心的党中央提出全面从严治党,并将其纳入“四个全面”战略布局协调推进。“全面从严治党,核心是加强党的领导,基础在全面,关键在严,要害在治。” 由于法治是现代国家和社会治理的基本方式,因此,从全面从严治党的治理实践需求看,其根本途径在于将法治思维和法治方式贯彻运用于党内治理之中。这构成依规治党的实践动力。正因为如此,所以说依规治党是“全面从严治党的长远之策、根本之策”。从供给侧角度来说,其一,依规治党通过加强党内法规制度建设,为党的长期执政和国家长治久安奠定制度基石;其二,依规治党通过把党的制度建设贯穿于党的其他建设,将党的领导和党的建设全部纳入制度调整范围,从而全面做到用制度管权管事管人;其三,依规治党把严的标准、严的措施贯穿于依规治党实践的全过程和各方面。“党章等党规对党员的要求比法律要求更高,党员不仅要严格遵守法律法规,而且要严格遵守党章等党规,对自己提出更高要求” ;其四,依规治党重在治本,通过不断完善规范和总结实践经验,既立足解决已存在的党内突出矛盾和问题,同时也防止新矛盾新问题的产生和旧矛盾旧问题的反弹。

In terms of content, governing the Party according to regulations is an organic unity of static goals and dynamic processes. On the one hand, governing the Party according to regulations can be understood, at the macro level, as a static description of the overall practice of the CCP in administering and governing the Party according to internal Party regulations. This static practice properly purses “governance by Party regulations” and “good regulations and good governance.” Namely, it aims at a state of order within the Party where there are regulations to follow, regulations must be followed, regulations are strictly enforced, and violations are investigated. This is the goal of intra-Party governance that the CCP strives to achieve by insisting on governing the Party according to regulations. On the other hand, governing the Party according to regulations is manifested at the micro level as the dynamic process by which the CCP comprehensively strengthens the construction of the Party’s institutions of internal laws and regulations, that is, specific practices such as establishing, enforcing, evaluating, and maintaining regulations. In other words, the CCP establishes a sound institutional system of internal laws and regulations through the scientific establishment of regulations to make it so “there are rules to follow” in internal Party governance. Through the strict enforcement of regulations, the establishment of institutional authority, the CCP makes raises internal Party laws and regulations from mere text to a reality. Through objective evaluation of regulations, the CCP promptly and effectively evaluates and summarizes the Party’s experience in the construction of the Party’s institutions of internal laws and regulations to further enhance the Party’s ability and level with respect to governing the Party according to regulations. Through the maintenance of the regulations by the whole Party, the CCP strengthens the awareness of all Party members of the Party’s internal laws and regulations, creating an atmosphere conducive to the rule of law where regulations are respected, studied, observed, and applied. In addition, the significance of the dynamic process of governing the Party according to regulations also lies in the fact that this is in a constantly evolving and changing practice. It is the concrete manifestations of the role of the proper goals of governing the Party according to regulations in different times and places. It is a process of continuous improvement in the ability and level of “governing the Party according to regulations.” Therefore, from the macro to the micro, from static to dynamic, from goals to processes, governing the Party according to regulations presents an organic unity of static goal and dynamic process. 

从内容维度来说,依规治党是静态目标和动态过程的有机统一。一方面,依规治党在宏观层面可理解为是对中国共产党依据党内法规管党治党整体实践的静态描述。这种静态实践是对“党规之治”“良规善治”的应然追求,即是有规可依、有规必依、执规必严、违规必究的党内秩序状态。这是中国共产党坚持依规治党以努力实现的党内治理目标。另一方面,依规治党在微观层面表现为中国共产党全面加强党内法规制度建设的动态过程,即是立规、执规、评规、护规等的具体实践。也就是说,中国共产党通过科学立规,形成完善的党内法规制度体系,实现党内治理“有规可依”;通过严格执规,树立制度权威,将党内法规从文本落到现实;通过客观评规,及时有效地评价和总结党内法规制度建设经验,进一步提升依规治党能力和水平;通过全党护规,强化全体党员党内法规意识,营造遵规学规守规用规的法治氛围。此外,依规治党动态过程的意义还在于,其处于不断发展变化的实践之中,是依规治党应然目标作用于不同时空的具体表现,是“依规治党”能力和水平不断提高的过程。因此,从宏观到微观、从静态到动态、从目标到过程,依规治党呈现出静态目标和动态过程的有机统一。

In terms of function, governing the Party according to regulations not only has the internal function of strictly administering and governing the Party, but also has obvious external functions with respect to the country and society. Internal Party laws and regulations are the regulators of relationships involving Party affairs, including adjustments to intra-Party relationships and the relationship between the Party’s leadership and governance. In the adjustment of intra-Party relationships, internal Party laws and regulations place specific regulations on the work, activities, and behavior of Party members of Party organizations. By giving play to the functions of institutions in regulating, leading, promoting, and guaranteeing the Party’s political construction, ideological construction, organizational construction, work style construction, discipline construction, and anti-corruption struggle, this vigorously promotes the comprehensive and strict governance of the Party and provide institutional guarantees of the Party’s long-term peace and stability. At the same time, as the leading party and the governing party, relationships with leadership and political governance will arise in the CCP in fields such as the Party’s management of cadres and the Party’s management of ideology. Based on the Party’s relationships to leadership and governance, the adjustment of the Party’s internal laws and regulations will have a certain degree of impact on non-party organizations and the masses outside the Party. In addition, as the CCP is the highest force of political leadership, Party administration and governance have always had important relationships and effects on the overall situation. Thus, the adjustment of intra-Party relationships will inevitably produce “spillover effects,” which have a wide-ranging influence on the country and social life. For example, “the Eight-point Regulation changed China”, and the change in Party style led to the improvement of political style and style of the people. Therefore, governing the Party according to regulations not only has the internal function of strictly administering and governing the Party, but also has obvious external functions with respect to the country and society. 

从功能作用来说,依规治党既具有从严管党治党的内在功能,又对国家、社会具有明显的外在功能。党内法规是党务关系的调节器,包括调整党内关系和党的领导执政关系。 在党内关系调整中,党内法规针对党组织的工作、活动和党员行为作出具体规范,并通过发挥制度在党的政治建设、思想建设、组织建设、作风建设、纪律建设、反腐败斗争等方面的规范、引领、推动和保障功能,有力地推进全面从严治党,为党的长治久安提供制度保障。与此同时,中国共产党作为领导党、执政党,无疑会在党管干部、党管意识形态等领域产生党的领导和执政关 系,并基于党的领导和执政关系而调整党内法规,在一定程度上对非党组织、党外群众产生影响。此外,中国共产党作为最高政治领导力量, 管党治党始终关系重大、牵动全局,即便是对党内关系的调整,也会不可避免地产生“外溢效应”,对国家和社会生活产生广泛影响。如“八项规定改变中国”,党风转变带动政风、民风改善。因此,依规治党不仅具有从严管党治党的内在功能,而且对国家和社会具有明显的外在功能。

II. Uphold the Inevitability of Governing the Party According to Regulations

二、坚持依规治党的必然性

The Opinions of the Central Committee of the Communist Party of China on Strengthening the Construction of the Party’s Institutions of Internal Laws and Regulations (中共中央关于加强党内法规制度建设的意见) points out: “To govern the country, the Party must be governed first, the Party must be governed strictly, and the strictness must be based on a system of law.” 

《中共中央关于加强党内法规制度建设的意见》指出:“治国必先治党,治党务必从严,从严必依法度。”

(i) Uphold the Governance of the Party According to Regulations as the Inevitable Initiative of CCP to Promote Comprehensive and Strict Governance of the Party 

(一)坚持依规治党是中国共产党推进全面从严治党的必然举措

The courage for self-revolution and strict administration and governance of the Party are the distinctive character and basic experience of the CCP. General Secretary Xi Jinping pointed out: “A very important experience for our Party to grasp regarding party-building is to continuously summarize the historical experience and successful practices of our Party over the long term and to innovate in accordance with new situations, tasks, and practical requirements.” Governing the Party according to regulations is an innovation of the times carried out by the CCP to make up for the limitations of ideological party-building. It is an inevitable initiative to promote the comprehensive and strict governance of the Party. 

勇于自我革命、从严管党治党是中国共产党的鲜明品格和基本经验。习近平总书记指出:“我们党抓党的建设,很重要的一条经验就是要不断总结我们党长期以来形成的历史经验和成功做法,并结合新的形势任务和实践要求加以创新。” 依规治党是中国共产党为弥补思想建党所存在的局限而进行的时代创新,是推进全面从严治党的必然举措。

First, its nature as a Marxist party determines that the CCP must persist in comprehensive and strict Party governance. Different from political parties in Western countries, the CCP is a political party that is guided by Marxism and always represents the fundamental interests of the people. The original intention and mission of the Chinese Communists are to pursue happiness for the Chinese people and rejuvenation for the Chinese nation. Over the past hundred years, the fundamental reason that the CCP has always won the heartfelt support and firm support of the people and has maintained its position of governance and leadership over the long term is that it has not forgotten its original intention and has kept in mind its mission. This is also the fundamental force that drives the CCP to continuously promote self-revolution and strict Party administration and governance. “The reason why our Party has the courage to engage in self-revolution is that our Party does not have any special interests of its own outside the interests of the country, the nation, and the people.” At the same time, socialism with Chinese characteristics has entered a new era. For the CCP, how to lead the realization of the great rejuvenation of the Chinese nation, how to effectively deal with the “four major tests” and “four dangers” that the Party faces under the conditions of long-term governance and jump out of the “progression of historical cycles” (历史周期率, lit. historical cycle rate) are both opportunities and challenges. The keys to properly handling the affairs of China are the Party as well as the Party’s self-administration and comprehensive and strict Party governance. Only by continuing to carry forward the Party’s self-revolutionary spirit and promote the transformation and upgrade of the methods of Party administration and governance in the new era can the CCP deeply advance the comprehensive and strict governance of the Party and better adapt to the development trends and mission requirements of the Party in the new era. 

首先,马克思主义政党本质决定了中国共产党必须坚持全面从严治党。不同于西方国家的政党,中国共产党是以马克思主义为指导、始终代表人民根本利益的政党,中国共产党人的初心和使命就是为中国人民谋幸福、为中华民族谋复兴。近百年来,不忘初心、牢记使命,既是中国共产党能始终赢得人民衷心拥护和坚定支持,长期处于执政、领导地位的根本原因,也是中国共产党不断推进自我革命、从严管党治党的根本动力。“我们党之所以有自我革命的勇气,是因为我们党除了国家、民族、人民的利益,没有任何自己的特殊利益。” 同时,中国特色社会主义进入新时代,如何领导实现中华民族伟大复兴,如何有效应对党在长期执政条件下面临的“四大考验”“四种危险”,跳出“历史周期率”,这对于中国共产党来说,既是机遇也是挑战。办好中国的事情关键在党,关键在党要管党、全面从严治党。中国共产党唯有在新时代继续发扬党的自我革命精神,推进管党治党方式的转型升级,才能深入推进全面从严治党,更好地适应新时代党的形势发展和使命要求。

In addition, ideological party-building is an excellent tradition in the administration and governance of the CCP, but with the development of the times, it also manifests certain limitations. Maintaining the advanced nature of ideology is an inherent requirement and distinctive feature of a Marxist party. “Once a theory has gripped the masses, it will also become a material force.” As the fundamental principle of our party-building, ideological party-building emphasizes the importance of strengthening the study and education of advanced theories and overcoming wrong ideas with advanced ideas, so as to ensure the advanced nature of our ideology. During the historical period of our Party’s revolution, building, and reform, this effectively safeguarded the Party’s solidarity and maintained the Party’s vanguard nature. However, ideological party-building is not achieved overnight, but takes a long time. At the same time, with the development of the times and changes in the situation that the Party is facing, simply emphasizing ideological party-building can no longer adapt to the complex situation of comprehensive and strict Party governance. First, the diversification of trends in social thought will inevitably increase the difficulty of unified thinking. Since reform and opening up, trends in social thought have continuously emerged and China’s ideological field has become complex and diversified. In addition, the informatization era is characterized by massive volumes of diversified information, convenient access, and increased individual awareness of the people. “People’s thinking is more active, which significantly greater independence, selectivity, diversity, and differences.” As General Secretary Xi Jinping pointed out: “The diversified development of society has made people’s ideological diversity and complexity more and more obvious, which will inevitably increase the difficulty of unifying thinking within the Party. Our Party is a big party, and unifying thinking has always been difficult.” Second, the development and growth of the scale of Party members will inevitably increase the difficulty of ideological construction. When the first Party Congress was held, there were just over 50 Party members across the country, but now the CCP has more than 90 million Party members. The scale of Party membership is not like it once was. This not only increases the implementation costs and difficulty of ideological construction, but also reduces the requirements and effectiveness of ideological construction. In particular, ideology is inherently concealed, and the “broken window effect” in ideological construction is prone to emerge given a large number of Party members. Therefore, in practice, there are many unqualified Party members who are confused in ideological matters. Third, the new situation of comprehensive and strict Party governance will inevitably place higher requirements on ideological party-building. General Secretary Xi Jinping emphasized that the path of comprehensive and strict Party governance is mainly manifested in ideological strictness, strict Party administration, strict discipline, strict management of officials, strict work style, and strict anti-corruption. These “Six Stricts” (六个从严) can be further summarized into three specific requirements: comprehensiveness of content, strictness of standards, and fundamental treatment of effects. Obviously, relying solely on ideological construction cannot fully satisfy these requirements for comprehensive and strict Party governance, and self-discipline mechanisms may completely fail without the assurance of a broad range of other mechanisms, leading to chaos where “bad money drives out good money” in the Party. 

其次,思想建党是中国共产党管党治党的优良传统,但随着时代的发展,其也表现出一定的局限性。始终保持思想的先进性是马克思主义政党的内在要求和鲜明特点。“理论一经掌握群众,也会变成物质力量。” 思想建党作为我们党的建设的根本原则,强调通过加强先进理论的学习教育,以先进思想克服错误思想,进而确保思想的先进性。这在我们党革命、建设、改革的历史时期,有力地维护了党的团结统一,保持了党的先锋队性质。但是,思想建党并非一蹴而就,而需要久久为功;同时随着时代的发展和党面临形势的变化,单纯强调思想建党已无法适应从严管党治党的复杂形势。其一,社会思潮的多元化趋势必然加大统一思想的难度。改革开放以来,社会思潮不断涌现,我国思想领域错综复杂,呈现出多元化的状态,加之在信息化时代信息海量多元、获取便捷、人的个体意识增强等特点,“人们的思想更加活跃,独立性、选择性、多样性、差异性显著增强”。正如习近平总书记指出:“社会多样化发展使人们思想多元化、复杂性的特征越来越明显,这必然增加党内统一思想的难度,我们党是一个大党,统一思想历来不易。” 其二,党员规模发展壮大必然加大思想建设难度。党的一大召开时,全国共有党员50多人,但现在中国共产党已经拥有9000多万党员。今非昔比的党员规模,既加大了思想建设的实施成本和难度,也会降低思想建设的要求和成效。尤其是思想固有隐蔽性,在庞大的党员规模下很容易出现思想建设的“破窗效应”,因而实践中不乏思想上蒙混过关的不合格党员。其三,全面从严治党新形势必然对思想建党提出更高要求。习近平总书记强调,全面从严治党的路径方式主要表现为抓思想从严、抓管党从严、抓执纪从严、抓治吏从严、抓作风从严、抓反腐从严。 这“六个从严”可进一步概括为三项具体要求:内容的全面性、标准的从严性、效果的治本性。显然,单纯依靠思想建设已无法完全适应全面从严治党的这些要求,而且自律机制在缺乏他律机制的保障下还可能完全失灵, 导致党内出现“劣币驱逐良币”的乱象。

Finally, governing the Party according to regulations can effectively make up for the limitations of merely emphasizing ideological party-building. It is a long-term and fundamental strategy for comprehensively and strictly governing the Party. The rule of law is the basic method of governing the country. Although the CCP has promoted the construction of Party institutions since the establishment of the Party, such as the Program of the Communist Party of China adopted by the First Part Congress that clearly sets out regulations for the qualifications of Party members, Party organization, and Party discipline, because the Party’s understanding of institution-building has not been profound and comprehensive, Party institution-building has developed to varying degrees over a long period of time, but it remains in a rough and preliminary stage of development. Since the 18th Party Congress, in the face of the reality and long-term requirements of comprehensive and strict Party governance in the new era, governing the Party according to regulations has received unprecedented attention and development. General Secretary Xi Jinping profoundly pointed out: “Strengthening the construction of the Party’s institutions of internal laws and regulations is a long-term and fundamental strategy for comprehensively and strictly governing the Party.” Different from the mechanism of ideological party-building, governing the Party according to regulations focuses on the norms of conduct with powers and responsibilities, rights and obligations as the content. It prepares a set of visual, guiding, evaluable, and enforceable behavior standards for the behavior of Party organizations and Party members. Furthermore, by circumventing the irrationality of individuals through institutional rationality, governing the Party according to regulations mainly focuses on the operation of power to establish rules and regulations. Based on the unified regulation and adjustment of the behavior and activities of all Party members and Party organizations, it strengthens explicit rules to tears down implicit rules and strictly enforces discipline to maintain the authority of the Party’s internal laws and regulations. From this, it transforms the process of comprehensive and strict Party governance practices into a rule-based governance process of establishing, enforcing, evaluating, and maintaining regulations. Compared with ideological party-building, governing the Party according to regulations has fundamental, overall, stable, and long-term characteristics, which can effectively make up for the limitations of ideological party-building methods. Of course, the emphasis on governing the Party according to regulations does not mean that ideological party-building has lost its value for the times or that governing the Party according to regulations can replace ideological party-building. Instead, it should organically unify the ideological party-building and institutional governance of the Party, realize the complementarity, mutual promotion, and benign symbiosis of the rule of law and the rule of virtue, achieve the unity of knowledge and action, combine high standards with the maintenance of bottom lines, and unify discipline from others and from oneself. In this regard, General Secretary Xi Jinping pointed out: “Strictly governing the Party depends on education as well as institutions. Of the two, one is flexible and one is rigid. We must exert our strength in the same direction and at the same time.” Therefore, by upholding the combination of ideological party-building and institutional governance and upholding the unity of governing the Party according to regulations and governing the Party by virtue, we will form the maximum combined force for comprehensive and strict governance of the Party. 

最后,依规治党可有效弥补仅仅强调思想建党存在的局限,是全面从严治党的长远之策、根本之策。法治是治国理政的基本方式。尽管中国共产党自建党伊始即开始推进党的制度建设,如党的一大通过的《中国共产党纲领》便对党员条件、党的组织、党的纪律作出明确规定,但由于党对制度建设的认识并不深刻全面,在过去很长一段时期党的制度建设虽有不同程度发展,但仍处于粗线条、初步性发展阶段。党的十八大以来,面对新时代全面从严治党的现实和长远要求,依规治党获得前所未有的重视和发展。习近平总书记深刻指出:“加强党内法规制度建设是全面从严治党的长远之策、根本之策。”与思想建党的作用机理不同,依规治党着眼于行为规范,以职权和职责、权利和义务为内容,为党组织和党员行为编制一套可视化、可指引、可评判、可执行的行为标准。进一步说,依规治党通过制度理性规避人的非理性,主要围绕权力运行建章立制,落脚于对全体党员、党组织行为活动进行统一规范和调整,以强化明规则破除潜规则,以严格执纪维护党内法规权威,进而将全面从严治党的实践过程转化为立规、执规、评规、护规的规则治理过程。与思想建党相比,依规治党具有根本性、全局性、稳定性和长期性特点,可以有效弥补思想建党方式的局限。当然,对依规治党的重视,并不意味着思想建党失去时代价值,以及依规治党可以取代思想建党, 而是应当将思想建党和制度治党有机统一,实现法治和德治优势互补、相互促进、良性共生,做到知行合一,高标准和守底线相结合,他律和自律相统一。对此,习近平总书记指出:“从严治党靠教育,也靠制度,二者一柔一刚,要同向发力、同时发力。” 因此,坚持思想建党和制度治党相结合,坚持依规治党和以德治党相统一,将形成全面从严治党的最大合力。

(ii) Uphold the Governance of the Party According to Regulations as the Inevitable Path of the CCP to Promote Its Own Modernization 

(二)坚持依规治党是中国共产党推进自身现代化的必然路径

The modernization of political parties, also known as the adaptive changes of political parties, refers to “the process by which a political party adapts to the objective environment and its changing demands, adapts to the process of social development, and continuously institutionalizes, standardizes, and scientifizes (科学化) its own structure, functions, mechanisms, and modes of activity.” The CCP is the vanguard of the proletariat. This determines that the CCP must modernize itself in accordance with the new requirements of modern society and keep pace with the times so that it can always stand at the forefront of the times. The governance of the Party according to regulations is the inevitable path of the CCP to promote its own modernization. 

政党现代化,亦称政党的适应性变革,是指“政党适应客观环境及其变化的需要,适应社会发展进程,使自身结构、功能、机制和活动方式不断制度化、规范化、科学化的过程”。中国共产党是无产阶级先锋队。这就决定了中国共产党必须根据现代社会的新要求,与时俱进地对自身进行现代化改造,以能始终站在时代前列。依规治党就是中国共产党推进自身现代化的必然路径。

First, the CCP is faced with the urgent need for its own modernization. The modernization of political parties is caused by social modernization and is constantly developing in the process of adapting to social modernization and modern politics. In the current context of economic globalization, political democratization, cultural diversification, social informatization, and the wave of new technological revolutions, the issue of modernization is the most important, most practical, and most universal issue that any political party will inevitably face when it transitions from tradition to modernity. “Especially for a political party leading modernization, objectively, there is indeed a question of how to continuously reform itself to adapt to the modernization process of society as a whole.” If the problem of modernization receives a goo solution, the Party will rejuvenate the country. Otherwise, the Party will be destroyed and the country will be weakened. In terms of China, as the supreme force of political leadership, the CCP itself has a major influence on whether modernization is achieved and affects the overall situation. This is of decisive significance for the future and destiny of the Party and the country. Especially as our country is a late modernizing country, in terms of whether the CCP can truly adapt to the changes and development of the situation in the process of leading the country’s modernization and whether it can always maintain the Party’s vigor and vitality, the Party itself is also facing the modernization needs of advancing with the times and continuous development. In this regard, General Secretary Xi Jinping profoundly pointed out: “To what stage has the cause of the Party and the people developed, to what stage must the Party’s construction progress to. This is the basic law that must be grasped to strengthen party-building.” “The key is whether we can persist in the Party’s administration and strict governance of itself and whether we can enhance its abilities of self-purification, self-perfection, self-renovation, and self-improvement.” These statements fully demonstrate that the CCP has a clear understanding of the necessity of advancing its own modernization as well as the path and method of realizing its own modernization. The process of the modernization of the CCP is essentially a process of deepening the Party’s self-revolution. The practice of comprehensive and strict governance of the Party and the modernization of the Party will continuously promote the Party’s self-purification, self-perfection, self-innovation, and self-improvement. 

首先,中国共产党面临自身现代化的迫切需要。政党现代化由社会现代化引起,并在适应社会现代化和现代性政治过程中不断发展。在当前经济全球化、政治民主化、文化多元化、社会信息化、新科技革命浪潮的大背景下, 现代化问题是任何一个政党由传统向现代转型时必然面临的最重要、最现实、最普遍的问题,“尤其对一个领导着现代化的政党来说,客观上的确存在一个如何不断改革自身来适应整个社会现代 化进程的问题” 。现代化问题解决得好则党兴国兴,反之则亡党弱国。对我国而言,中国共产党作为最高政治领导力量,其自身能否实现现代化关系重大、牵动全局,对于党和国家前途命运具有举足轻重的意义。特别是我国作为后发型现代化国家,中国共产党在领导国家现代化过程中能否真正适应形势的变化发展,能否始终保持党的生机和活力,党自身也面临着与时俱进、不断发展的现代化需要。对此,习近平总书记深刻指出:“党和人民事业发展到什么阶段,党的建设就要推进到什么阶段。这是加强党的建设必须把握的基本规律”;“关键看我们能不能坚持党要管党、从严治党,能不能增强自我净化、自我完善、自我革新、自我提高能力” 。这些论述充分说明,中国共产党对于推进自身现代化的必要性,以及实现自身现代化的路径和方式,有着清醒的认识。中国共产党的现代化过程,实质上是一场深入推进党自我革命的过程。通过全面从严治党实践和党的现代化建设,将不断推动党的自我净化、自我完善、自我革新、自我提高。

Second, the inevitable trend of Party modernization is the institutionalization and rule of law in political party-building. People have various opinions about the content of political party modernization, but the core content is democratization and rule of law, that is, democracy is used to shape the rule of law, and the rule of law guarantees democracy. This is determined by the characteristics of modern politics. Of course, from a universal standpoint, the “rule of law” here emphasizes the spirit of the rule of law, which is essentially rule-based governance. In modern society, party politics has become the mainstream form of modern national political operations. Political parties are called the “nerve centers” of modern national political life. In order to ensure that political parties can participate in the country’s political life in an orderly manner and to avoid irregularities in party operations such as the abuse of power, arbitrary decision-making, and corruption, the general trend of modern party politics is to place party power on the track of the rule of law, and promote the institutionalization, standardization, and proceduralization of party activities. For example, after World War II, the Basic Law for the Federal Republic of Germany was the first to impose constitutional provisions on political parties and enact special party laws. This had a profound impact on the legalization of political parties in all countries around the world. At present, the rule of law in most Western countries promotes the constructions of political parties in accordance with the rule of law, mainly through constitutional provisions, constitutional conventions, or the formulation of party laws and other separate regulations. 

其次,政党现代化的必然趋势是政党建设的制度化、法治化。关于政党现代化的内容,人们有各种各样的说法,但核心内容是民主化和法治化,即以民主塑造法治,以法治保障民主。这由现代政治的特点所决定。当然,从普遍性立场来说,此处的“法治”强调的主要是一种法治精神,实质是基于规则的治理。在现代社会,政党政治已成为现代国家政治运行模式的主流形态,政党被称为现代国家政治生活的“神经中枢”。为确保政党能够有序参与国家政治生活,避免出现权力滥用、决策恣意、腐败等政党运作的不规范现象,现代政党政治的普遍趋势是把政党权力纳入法治轨道,推动政党活动的制度化、规范化、程序化。例如,“二战”后德国基本法率先就政党作出宪法规定,并制定专门的政党法,对世界各国政党法治化建设产生深远影响。目前,大多数西方法治国家主要通过宪法规定、宪法惯例或者制定政党法和其他单行法规等形式,推进政党法治化建设。

Finally,  governance of the Party according to regulations is the inevitable path of the CCP towards institutionalization and rule of law. As the leading and ruling party, the Communist Party of China should undoubtedly promote its own modernization process with the spirit of the rule of law. However, in the practice of promoting the rule of law of political parties through national legislation in Western countries, the essence is to regulate political parties as general community organizations. This is obviously inconsistent with the status of the CCP as the leading and ruling party. The CCP is not a political party that developed with the parliament as its center of activity, but a Marxist party that represents the interests of the proletariat and has the mission of establishing and consolidating a new state power. It is “composed of the most enlightened and active part of the proletariat and serves as the vanguard of the proletarian revolutionary cause.” Based on the successful practice of party-centralism in building the country, the CCP shoulders the mission of pursuing the happiness of the Chinese people and rejuvenation for the Chinese nation. Therefore, it must continue to be at the forefront of the times through self-revolution and always maintain the Party’s vanguard attributes. Governing the Party according to regulations is the inevitable path for the CCP to achieve self-revolution through institutionalization and rule of law. On this topic, General Secretary Xi Jinping believes that: “We study the important issue of governing the Party according to regulations, insist on Party discipline stricter than the law, put discipline ahead of the law, and realize the separation of discipline and law.” “In our country, the law is a requirement for all citizens, while the Party’s institutions of internal laws and regulations are requirements for all Party members and are stricter than the law in many places. Our Party is the vanguard, and the requirements for Party members should be stricter.” As the minimum requirements on the behavior of all citizens and organizations, national laws cannot impose high standards on political parties, especially the CCP, and cannot fundamentally protect the vanguard nature of the CCP. “There cannot be a political party without rules, let alone a Marxist party.” Therefore, the CCP can only strengthen the construction of the Party’s institutions of internal laws and regulations from within the Party and embark on the road of self-revolution of rule of law and modernization by governing the Party in accordance with regulations. 

最后,依规治党是中国共产党迈向制度化、法治化的必然路径。中国共产党作为领导党、执政党,无疑应以法治精神助推自身的现代化过程。然而,西方国家那种通过国家立法方式推进政党法治化的做法,实质是将政党作为一般性社团组织加以规范。这显然与中国共产党作为领导党、执政党的地位不符。中国共产党并非以议会为活动中心发展而来的政党,而是代表无产阶级利益、以建立和巩固新的国家政权为使命的马克思主义政党,是“由无产阶级中觉悟最高、工作最积极的一部分人组成,并充当无产阶级革命事业的先锋队” 。基于政党中心主义缔造国家的成功实践,中国共产党肩负着为中国人民谋幸福、为中华民族谋复兴的使命,因而必须不断通过自我革命始终走在时代前列、始终保持先锋队的政党属性。依规治党则是中国共产党通过制度化、法治化方式实现自我革命的必然路径。习近平总书记对此认为:“我们研究依规治党这一重大问题,坚持纪严于法,纪在法前,实现纪法分开” ;“在我们国家,法律是对全体公民的要求,党内法规制度是对全体党员的要求, 而且很多地方比法律的要求更严格。我们党是先锋队,对党员的要求应该更严” 。国家法律作为全体公民、组织的行为底线,难以对政党特别是中国共产党作出高标准要求,更无法根本性地保障中国共产党的先锋队属性。“没有规矩不成其为政党,更不成其为马克思主义政党。” 因此,中国共产党唯有从政党内部加强党内法规制度建设,通过依规治党方式踏上法治化、现代化的自我革命道路。

(iii) Uphold the Governance of the Party According to Regulations as the Inevitable Requirement of the CCP in its Leadership of the Modernization of National Governance 

(三)坚持依规治党是中国共产党领导国家治理现代化的必然要求

The Report to the 19th Party Congress proposed: “We must uphold and improve the system of socialism with Chinese characteristics and continuously advance the modernization of China’s system and capacity for governance.” Subsequently, the Fourth Plenum of the 19th Central Committee carried out a special study on national institutional and national governance issues and reached a decision. This clearly proposed that “by the centennial of the founding of New China, we will fully realize the modernization of the national governance system and governance capacity so that the system of socialism with Chinese characteristics will be further consolidated and its superiority will be fully demonstrated.” The essence of the modernization of national governance is the rule of law in national governance. Leading the modernization of national governance will inevitably impose rule of law requirements on the leaders themselves and their leadership styles. This determines that the CCP must promote the governance of the Party according to regulations and uphold the organic unity of rule of the rule of law in national governance and the governance of the Party according to regulations. 

党的十九大报告提出:“必须坚持和完善中国特色社会主义制度,不断推进国家治理体系和治理能力现代化。”随后,党的十九届四中全会专题研究国家制度和国家治理问题并作出决定,明确提出“到新中国成立一百年时,全面实现国家治理体系和治理能力现代化,使中国特色社会主义制度更加巩固、优越性充分展现”。国家治理现代化的本质是国家治理法治化,领导国家治理现代化必然对领导者自身及其领导方式提出法治化要求。这决定了中国共产党必须推进依规治党,坚持依法治国和依规治党有机统一。

First of all, the essence of the modernization of national governance is the rule of law in national governance. The rule of law and the rule of the individual (人治) are two different modes of national governance, They represent a major issue that all countries in the world must face and solve in the process of modernization. After the end of the “Cultural Revolution,” Comrade Deng Xiaoping repeatedly emphasized the importance of institutions from the height of the modernization of the Party and state institutions. He profoundly pointed out: “Democracy must be institutionalized and legalized so that these institutions and laws will change with changes in leaders, nor due to changes in the views and attention of leaders.” “The question of institutions is which are more fundamental, global, stable, and long-term. This kind of institutional issue is relevant to whether the Party and the country will change its colors and it must arouse a high level of attention from the whole Party.” Since then, China’s legal system construction entered a period of restoration, reconstruction, and rapid development. In 1999, the Second Session of the Ninth National People’s Congress explicitly enshrined “implementing the rule of law in national governance and building a socialist country ruled by law” in the Constitution. This was a fundamental change in China’s governance strategy. Over more than 40 years since reform and opening up, rule of law in China has realized historic achievements. “We must have rule by law, not by individuals,” “The flourishing of the rule of law leads to the flourishing of the country, while the decline of the rule of law leads to chaos in the country,” and other summaries of our experience in rule of law construction have become the broad consensus among the people. The rule of law has become the basic approach to governing the country. The Fourth Plenary Session of the 18th Central Committee formally proposed the “comprehensive promotion of the rule of law.” This was a profound revolution in national governance. General Secretary Xi Jinping pointed out: “The key to governing a country and a society is to establish rules, explain the rules, and abide by rules.” We can say, the essence of the modernization of national governance is the rule of law in national governance, and the essence of Chinese governance lies in institutional governance. To promote the modernization of national governance, we must uphold the comprehensive promotion of the rule of law in national governance and place the work of the Party and the country on the track of the rule of law. It is necessary to coordinate social forces, balance social interests, regulate social relations, and standardize social behaviors through legal thinking and legal methods in order to provide institutional solutions to solve various social contradictions and problems. 

首先,国家治理现代化的本质是国家治理法治化。法治和人治是两种不同的国家治理模式,是世界各国在现代化过程中必须面对和解决的重大问题。“文革”结束以后,邓小平同志站在党和国家制度现代化的高度反复强调制度的重要性。他深刻指出:“必须使民主制度化、法律化, 使这种制度和法律不因领导人的改变而改变,不因领导人的看法和注意力的改变而改变”;“制度问题更带有根本性、全局性、稳定性和长期性。这种制度问题,关系到党和国家是否改变颜色,必须引起全党的高度重视”。  自此,我国法制建设进入恢复重建和快速发展时期。1999 年九届全国人大二次会议将“实行依法治国,建设社会主义法治国家”明确载入宪法。这是我国治理方略的根本转变。改革开放40多年来,我国法治建设取得历史性成就。“要法治,不要人治”,“法治兴则国家兴、法治衰则国家乱”等来自法治建设的经验总结,已成为人们的广泛共识, 法治已成为治国理政的基本方式。党的十八届四中全会正式提出“全面推进依法治国”,这是国家治理的一场深刻革命。习近平总书记指出:“治理一个国家、一个社会,关键是要立规矩、讲规矩、守规矩。”可以说,国家治理现代化的本质在于国家治理法治化,中国之治的本质在于制度之治。推进国家治理现代化,必然坚持全面推进依法治国,把党和国家的工作纳入法治轨道,必须以法治思维和法治方式统筹社会力量、平衡社会利益、调节社会关系、规范社会行为,为解决各种社会矛盾和问题提供制度化方案。

In addition, leading the modernization of national governance will inevitably require the CCP to promote the governance of the Party according to regulations. The Party is key to properly handling the affairs of China. As mentioned previously, the essence of the modernization of national governance is the rule of law in national governance. Leading the modernization of national governance inevitably requires that the CCP itself must model observance of the law, and its leadership style must be strictly in accordance with the law. On the one hand, governing the Party according to regulations is an inevitable requirement for the CCP and all its members to abide by the law. Each model of the rule of law is inseparable from a specific structure of political institutions, and the construction of legal order and the authority of the rule of law also require a higher institutional authority as its driving force and guarantee, such as the courts of the United States, the parliament of the United Kingdom, and the president of France. In China, the construction of the rule of law mainly relies on the CCP. China has adopted a top-down approach to the construction of the rule of law led by the ruling party. Realizing the modernization of national governance requires not only authoritative leadership, but even more, respect by the law by this authority. Therefore, how to make the world’s largest party, with more than 90 million Party members and more than 4.6 million grassroots Party organizations, and all its members take the lead in abiding by the law has become a key issue in China’s national governance. The advanced nature and authority of the CCP determine that the Party must not only abide by the law, but also model respect for the law. In addition to the constraints of national legal bottom lines, it is also necessary to strengthen the construction of the Party’s institutions of internal laws and regulations from within the Party, insist on making discipline stricter than the law, and put discipline ahead of the law. In this way, we will form an effective mechanism to ensure that the CCP and all its members abide by the law. On the other hand, governing the Party according to regulations is an inevitable requirement for the rule of law over CCP leadership methods. The modernization of national governance is a comprehensive, overall, and transformative modernization. Its difficulty, complexity, and far-reaching impact have profoundly determined that the CCP must govern in accordance with the law and continuously promote the institutionalization and rule of law of the Party’s leadership. However, national law is facing many theoretical and practical problems in fully adjusting Party leadership issues. Therefore, in the field of Party leadership, in addition to the abstract confirmation of national laws, specific provisions on internal Party laws and regulations are also required. In this sense, the rule of law in national governance must not only uphold the rule of law, but also uphold governing the Party according to regulations, especially the establishment and improvement of the Party’s leadership and legal institutional systems. This will provide institutional guarantees so that the Party can better play its core leadership role in summarizing the overall situation and coordinating all parties in the process of national governance modernization. 

其次,领导国家治理现代化必然要求中国共产党推进依规治党。办好中国的事情关键在党。如前所述,国家治理现代化本质上是国家治理法治化。而领导国家治理现代化,必然要求中国共产党自身必须模范守法,领导方式必须严格依法。一方面,依规治党是中国共产党及其全体党员模范守法的必然要求。每一种法治模式都离不开特定的政治制度结构,而且建构法律秩序和法治权威还需要一个更高的制度化权威作为其动力和保障,例如美国的法院、英国的议会、法国的总统,而我国法治建设则主要依靠中国共产党。 我国采取的是执政党主导的自上而下的法治建设进路,实现国家治理现代化不仅需要权威领导,更需要权威守法。因此如何让具有9000多万党员、460多万基层党组织的世界第一大党及其全体成员带头守法,成为我国国家治理的一个关键性问题。中国共产党的先进性和权威性,决定了党不仅要守法,更要模范守法。在国家法律底线约束之外,还必须从政党内部加强党内法规制度建设,坚持纪严于法,把纪律挺在法律前面,从而形成中国共产党及其全体党员守法的有效保障机制。另一方面,依规治党是中国共产党领导方式法治化的必然要求。国家治理现代化是一场综合性、全局性、变革性的现代 化,其难度之大、情况之复杂、影响之深远,深刻决定了中国共产党必须依法执政,不断推动党的领导制度化、法治化。然而,由于国家法律在充分调整党的领导事项方面,面临着诸多理论与现实难题。因此,在党的领导领域,除国家法律的抽象确认之外,还需要党内法规作出具体规定。 从这个意义上说,依法执政既要坚持依法治国,更要坚持依规治党,特别是建立健全党的领导法规制度体系,为党在国家治理现代化过程中更好发挥总揽全局、协调各方的领导核心作用提供制度保障。

Finally, the organic unity of governing the country according to law and governing the Party according to regulations is one of the most important features of the system of the socialist rule of law with Chinese characteristics and an institutional advantage of the CCP leadership in realizing the modernization of national governance. The type of road to rule of law a country follows and what kind of rule of law system it builds depend on its basic national conditions. Proceeding from the actual situation of China, the Fourth Plenum of the 18th  Central Committee incorporated the “improving the Party’s internal institutions of laws and regulations” into the system of socialist rule of law with Chinese characteristics for the first time and explicitly proposed that we “pay attention to the convergence and coordination of internal Party laws and regulations with national laws.” This effectively addressed the issue of the relationship between the Party and the law (power and law) and set us off on the road of the rule of law in national governance with Chinese characteristics. The subsequent report at the 19th Party Congress emphasized “upholding the organic unity of rule of the rule of law in national governance and the governance of the Party according to regulations” under the basic strategy of “upholding the comprehensive rule of law.” This signifies that the organic unity of governing the country according to law and governing the Party according to regulations has become one of the most important features of the system of the socialist rule of law with Chinese characteristics. In theory, the rule of law emphasizes the restriction of power. Both the power of the state and the power of the ruling party must accept the norms of the rule of law. Therefore, from the perspective of maximizing the effectiveness of the rule of law, the rule of law in national governance will inevitably require the coordination and convergence of the rule of law in national governance and the governance of the Party according to regulations. In this regard, Comrade Deng Xiaoping put forward a profound insight very early on, “without Party regulations and Party laws, it is difficult to provide assurance for national laws.” However, in practice, due to the influence of Western theories of the rule of law, for a long time in the past, people’s understanding of governing the Party according to regulations mainly remained in the field of party-building and governance not based on law. However, “only when governing the Party according to regulation goes deep into the hearts of the Party can ruling the country according to the law penetrate into the hearts of the people.” Since the 18th Party Congress, in order to lead the realization of the modernization of national governance, the advantages of the socialist system with Chinese characteristics were fully transformed into governance efficiency, the Party Central Committee with Comrade Xi Jinping at its core placed institution building in an extremely important position, and we organically unified resolute confidence in the system with continuous reform and innovation. From the deployment of the “big rule of law” (大法治) construction pattern to promote the practice of comprehensive rule of law in national governance, we emphasize the coordinated promotion and integrated construction of the adherence to the rule of law in national governance along with the institutional governance of the Party and governance of the Party according to regulations as well as the organic unity of governing the country according to law and governing the Party according to regulations. The opened up a new realm in the system of socialist rule of law with Chinese characteristics. At the same time, it also provides a new perspective and path by which other countries from around the world can realize the rule of law and modernization of national governance. 

最后,依法治国和依规治党有机统一是中国特色社会主义法治体系最重要的特征之一,是中国共产党领导实现国家治理现代化的制度优 势。对于一个国家而言,走什么样的法治道路,建设什么样的法治体系,取决于它的基本国情。从中国实际出发,党的十八届四中全会首次 将“完善的党内法规体系”纳入中国特色社会主义法治体系,明确提出“注重党内法规同国家法律的衔接和协调”,从而有效处理了党与法(权与法)的关系问题,走出了一条具有中国特色的国家治理法治化道路。随后党的十九大报告在“坚持全面依法治国”基本方略下,强调“坚持依法治国和依规治党有机统一”。这标志着依法治国和依规治党有机统一,已成为中国特色社会主义法治体系最重要的特征之一。从理论上说,法治强调对权力进行制约。无论是国家权力还是执政党权力,都应当接受法治的规范。因而国家治理法治化,从法治功效最大化角度来说,必然要求依法治国与依规治党相协调和衔接。对此,邓小平同志很早便提出“没有党规党法,国法就很难保障”  的深刻洞见。但实践中,由于受西方法治理论等的影响,过去很长一段时间内人们对依规治党的认识,主要停留在党建范围而非法治领域。然而,“依规治党深入党心,依法治国才能深入民心” 。党的十八大以来,为领导实现国家治理现代化,把中国特色社会主义制度优势充分转化为治理效能,以习近平同志为核心的党中央把制度建设摆在极端重要的位置,把坚定制度自信和不断改革创新有机统一;从“大法治”建设格局部署推进全面依法治国实践,强调坚持依法治国与制度治党、依规治党统筹推进、一体建设,依法治国和依规治党有机统一,开辟了中国特色社会主义法治体系新境界。同时也为世界其他国家实现国家治理法治化、现代化提供了一种全新的视角和路径。

III. In-depth Promotion of the Basic Path of Governing the Party According to Regulations 

三、深入推进依规治党的基本路径

Governing the Party according to regulations is a brand-new practice of the CCP based on the situation and tasks of the new era. “Although the classic Marxist writers have provided abundant theoretical resources for the construction of internal Party laws and regulations, they have not proposed a mature and effective model of construction of internal Party laws and regulations in practice.” The Fourth Plenum of the 19th Central Committee clearly emphasized the need to deepen the reform of the institutions of party-building, adhere to governing the Party in accordance with regulations, establish and improve the institutions and mechanism to comprehensively promote party-building in all aspects under the leadership of the Party’s political construction, improve authoritative and efficient institutional implementation mechanisms, and strengthen research, publicity, and education on institutional theory. These provided the basic guidelines to follow for the in-depth promotion of Party governance according to regulations in the new era. 

依规治党是中国共产党立足新时代形势和任务的全新实践。“马克思主义经典作家虽然为党内法规建设提供了丰富的理论资源,但在实践中并未提出成熟有效的党内法规建设模式。” 党的十九届四中全会明确强调,要深化党的建设制度改革,坚持依规治党,建立健全以党的政治建设为统领、全面推进党的各方面建设的体制机制,健全权威高效的制度执行机制,加强制度理论研究和宣传教育等,这些为新时代深入推进依规治党提供了基本遵循。

First, we must take Xi Jinping Thought on Socialism with Chinese Characteristics for the New Era as the guide and adhere to the correct political direction. Since the 18th Party Congress, under the leadership of the Party Central Committee with Comrade Xi Jinping at its core, the construction of the Party’s institutions of internal laws and regulations has entered a stage of systematization and rapid development. The mode of establishing regulations has gradually changed from an emergency and scattered approach to a planned approach with a systematic basis, and the practice of governing the Party according to regulations has realized historic progress and achievements. In this process, General Secretary Xi Jinping has issued a large number of important expositions on governing the Party according to regulations. Taking a macro view, they lay out very significant strategic judgments regarding governing the Party according to regulations. Taking a middle view, they offer profound explanations of governing the Party according to regulations, governing the Party by virtue, and governing the country according to law. Taking the micro view, they offer scientific guidance on regulatory establishment, enforcement, supervision, evaluation, study, compliance, and maintenance. This profound ideology and comprehensive content provide a powerful ideological arsenal for guiding and strengthening the construction of the Party’s institutions of internal laws and regulations and comprehensively advancing the governance of the Party according to regulations. To further promote the governance of the Party according to regulations in the new era, we must continue to adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for the New Era. In particular, we should thoroughly implement the important expositions of General Secretary Xi Jinping on governing the Party by institutions and governing the Party according to regulations to ensure that the governance of the Party according to rules is always deepening and progressing in the correct political direction. 

第一,以习近平新时代中国特色社会主义思想为指导,坚持正确政治方向。党的十八大以来,在以习近平同志为核心的党中央领导下,党内法规制度建设进入一个体系化快速发展阶段,立规模式逐渐由以往应急式、零散性向规划式、成体系根本转变,依规治党实践取得历史性进展和成就。在这一过程中,习近平总书记围绕依规治党发表大量重要论述,既有宏观上对依规治党重大意义的战略判断,也有中观上对依规治党和以德治党、依法治国等的深刻阐述,还有微观上对立规、执规、督规、评规、学规、守规、护规等的科学指导,思想深刻、内容全面,为指导加强党内法规制度建设、全面推进依规治党,提供了强大思想武器。新时代深入推进依规治党,必须继续坚持以习近平新时代中国特色社会主义思想为指导,尤其是深入贯彻落实习近平总书记关于制度治党、依规治党的重要论述,确保依规治党始终沿着正确政治方向深入推进。

Second, we must pay attention to the work of establishing regulations and improve the quality of the Party’s internal laws and regulations. “Good institutions can prevent bad people from doing things in an arbitrary manner, but bad institutions can prevent good people from doing good things fully or may even turn good work into poor results.” Therefore, to further promote the governance of the Party according to regulations, we must focus on improving the quality of the Party’s internal laws and regulations. The first thing is to pay attention to the coordination and convergence of internal Party laws and regulations and national laws. We must strictly implement what is required by the significance of “stricter discipline than law, discipline ahead of law, and the separation of discipline and law” in the work of establishing regulations and promote the complementarity and mutual promotion of internal Party laws and regulations and national laws. The second thing is to adhere to the combination of governing the Party according to regulations and governing the Party by virtue. We must incorporate due ethical requirements, especially core socialist values, into the work of establishing regulations. This is a feature and advantage of governing the Party according to regulations. In practice, however, two extremes should be avoided: ignoring ethical requirements and lowering the strict standards of the Party’s internal laws and regulations so that the Party’s internal laws and regulations are no different from the national laws; and excessive ethical requirements, the incorporation of invisible and inaccessible standards into the Party’s internal laws and regulations, and imposing excessive standards at every level (层层加码) so that internal Party laws and regulations are too strict to be actually implemented. The third thing is to insist on scientifically established regulations, democratically established regulations, and regulations established based on rules. It is necessary to combine the requirements of the Party Central Committee, the expectations of the masses, practical needs, and fresh experience. “The institution lies not in the number [of regulations], but in the precision, practicality, and effectiveness, highlighting its targetedness and usefulness as a guide.” Therefore, the establishment of regulations must focus on embodying science, democracy, targetedness, and operability. We must coordinate and grasp the relationships between the inherent political and legal nature of the Party’s internal laws and regulations, the accuracy and ambiguity of language, the practicality of implementations and standardization, and the practicality of application and farsightedness. 

第二,注重立规工作环节,提高党内法规质量。“制度好可以使坏人无法任意横行,制度不好可以使好人无法充分做好事,甚至会走向反面。” 因此,深入推进依规治党必须注重提升党内法规质量。一是注重党内法规与国家法律协调衔接。在立规工作中严格贯彻“纪严于法、纪在法前、纪法分开”的内涵要求,促进党内法规与国家法律相辅相成、相互促进。二是坚持依规治党和以德治党相结合。将应有的道德性要求,特别是社会主义核心价值观融入立规工作,是依规治党的特点和优势。但在实践中应避免两个极端:忽视道德性要求,降低党内法规的从严标准,使党内法规与国家法律无异;过分拔高道德性要求,将看不见、够不着的标准融入党内法规,搞“层层加码”,致使党内法规因过严而无法落地落实。三是坚持科学立规、民主立规、依规立规。要把党中央要求、群众期盼、实践需要和新鲜经验结合起来。“制度不在多,而在于精,在于务实管用,突出针对性和指导性” ,因此,立规工作必须着力体现科学性、民主性、针对性、可操作性,协调把握党内法规内在政治性和法律性、语言准确性与模糊性、实践实施性和规范性、适用现实性与前瞻性的关系。

Third, we must follow the Party constitution as the fundamental principle and improve the Party’s institutions of internal laws and regulations. The formation of a complete institutional system of laws and regulations within the Party is an inevitable requirement for the in-depth promotion of governing the Party according to regulations and the comprehensive tightening of the institutional cage. At present, [concerning the goal that] “a relatively complete institutional system of laws and regulations within the Party will be formed by the 100th anniversary of the founding of the Party”, time is tight and the tasks are difficult. In practice, the “quantity” and “speed” of the Party’s laws and regulations have increased. Objectively, some system problems such as the lack of consistency, coordination, and convergence between specifications have arisen. The Party constitution is the fundamental law within the Party. To perfect the institutional system of laws and regulations within the Party, the Party constitution must be followed as the fundamental guide and the “supply-side structural reform” of the Party’s internal laws and regulations must be effectively implemented. The first thing is to strengthen the implementation of the Party constitution. The Party constitution is the general constitution under which the Party is established, governed, and administered. The “Second Five-Year Plan (2018-2022) on the Formulation of Intra-Party Regulations” specifically emphasizes that we must “refine and make concrete the new regulations and new requirements of the amendments to the Party constitution of the 19th Party Congress and effectively maintain the authority and seriousness of the Party constitution.” Therefore, improving the institutional system of laws and regulations within the Party must be based on the Party constitution, align with the Party constitution, and provide support for the implementation of tasks and requirements of the Party constitution in accordance with a division of labor based on degree of effectiveness. The second thing is to coordinate and promote the work of legislation, revision, abolition, and interpretation. In forming a complete institutional system of internal Party laws and regulations, the emphasis is not only on establishing rules and regulations, but also on coordinating and advancing the revision, abolition, and interpretation of internal Party laws and regulations. In particular, the latter efforts still have significant room for improvement in the current practice of governing the Party according to regulations. Therefore, we should pay full attention to and comprehensively use the methods of revision, abolition, and interpretation. We should do this by improving their normalized working mechanisms and promoting the prompt update and reasonable adjustment of the institutional system of the Party’s internal laws and regulations. The third thing is to promote the complementarity of internal Party laws and regulations and internal Party normative documents. Internal Party laws and regulations and internal Party normative documents are two kinds of standards with different characteristics and functions in the institutional system of internal Party laws and regulations. They meet the needs of the diversified institutions involved in governing the Party according to regulations. To improve the institutional system of laws and regulations within the Party, standards of different formats should be used comprehensively according to actual needs in order to promote the mutual support and complementary functions of internal Party laws and regulations and internal Party normative documents. 

第三,以党章为根本遵循,完善党内法规制度体系。形成完善的党内法规制度体系,是深入推进依规治党、全方位扎紧制度笼子的必然要求。目前距离“到建党100周年时形成比较完善的党内法规制度体系”,时间紧、任务重,实践中党内法规“量”的增长和“速”的提升,客观上产生了一些规范之间不一致不协调不衔接等体系问题。党章是党内的根本大法,完善党内法规制度体系必须以党章为根本遵循,切实搞好党内法 规“供给侧结构性改革”。一是加强党章实施。党章是立党、治党、管党的总章程。《中央党内法规制定工作第二个五年规划(2018-2022年)》特别强调,要“将十九大党章修正案的新规定和新要求细化具体化,切实维护党章权威性和严肃性”。因此,完善党内法规制度体系必须以党章为根本依据,同党章对标看齐,按照效力位阶关系分工落实好配套实施党章的任务要求。二是协调推进立改废释工作。形成完善的党内法规制度体系,既重在建章立制,也需要协调推进党内法规的修改、废除、解释等工作。尤其后者在当前依规治党实践中还有较大发展空间, 因而应充分重视和综合运用修改、废除、解释等方式。通过完善其常态化工作机制,促进党内法规制度体系及时更新、合理调整。三是促进党内法规和党内规范性文件相得益彰。党内法规和党内规范性文件是党内法规制度体系中具有不同特征和功能的两种规范,适应了依规治党的多元化制度需要。完善党内法规制度体系,应根据实际需要综合运用不同规范形式,促进党内法规和党内规范性文件功能互补、相得益彰。

Fourth, we must strengthen the enforcement of internal Party laws and regulations and maintain the authority of internal Party laws and regulations. The vitality of the Party’s institutions of internal laws and regulations lies in their implementation. In the process of governing the Party according to regulations, as to whether the institutional advantages of the Party’s internal laws and regulations can be transformed into efficiency in Party governance, the key lies in the effective implementation of the Party’s laws and regulations. “It is very important to formulate institutions, but more important to implement them. Nine-tenths of the effort should be spent on this.” Currently, the construction of the Party’s institutions of internal laws and regulations has entered a new stage that emphasizes not only the establishment of regulations but also the enforcement of regulations. Therefore, it is necessary to further strengthen the implementation of the Party’s internal laws and regulations and conscientiously maintain the authority of the Party’s institutions of internal laws and regulations. The first thing is to increase the intensity of disclosure and propaganda for information on the Party’s internal laws and regulations. From the perspective of execution, “there are regulations to follow” not only requires that we have regulations to be followed. At the same time, it also requires Party members and Party organizations to be aware of the norms that should be followed, that is, it emphasizes standards of knowledge for people who perform execution. In this sense, there is a positive correlation between the ability to enforce internal Party laws and regulations and awareness. Therefore, we must increase the intensity of the disclosure of internal Party laws and regulations, improve the procedures and methods of encryption and decryption, innovate propaganda methods and approaches for the Party’s internal laws and regulations, and replace the boring text propaganda with more interesting methods. This will help increase the popularity and acceptance of internal Party laws and regulations and give them deeper roots in the hearts of the people. The second thing is to further strengthen supervision, discipline, and accountability within the Party. Supervision, discipline, and accountability are the fundamental requirements for strengthening the implementation of internal Party laws and regulations. If there are institutions, but they are not respected, this will result in the “broken window effect.” General Secretary Xi Jinping emphasized: “The vitality of laws, regulations, and institutions lies in their implementation. There is no trick to implementing laws, regulations, and institutions. The key lies in a true grasp and strict management.” Therefore, it is necessary to strengthen supervision of the implementation of internal Party laws and regulations, improve the supervision system and methods of supervision within the Party, and make Party members and leading cadres accustomed to performing activities under supervision; intensify the enforcement of discipline, ensure that everyone is equal under the system, and severely deal with violations of the system; use the responsibility system as a starting point to implement internal Party laws and regulations, strictly assess accountability, use responsibilities to transfer pressure, and encourage Party organizations, Party members, and leading cadres at all levels to conscientiously fulfill their political responsibilities for implementing internal Party laws and regulations. The third thing is to carry out the evaluation of the implementation of internal Party laws and regulations on a regular basis. Evaluation is not only an evaluation and summary of the implementation status, but also a way to reflect on and improve deficiencies in implementation. There are many factors that affect the effectiveness of the implementation of internal Party laws and regulations. Strengthening implementation evaluation will help to find the specific causes that restrict the effectiveness of Party governance according to regulations in order to facilitate targeted improvements. 

第四,加大党内法规执行力度,维护党内法规权威。党内法规制度的生命力在于实施。在依规治党过程中,能否将党内法规的制度优势转化为治党效能,关键在于党内法规能否得到有效执行。“制定制度很重要,更重要的是抓落实,九分气力要花在这上面。”目前,党内法规制度建设进入一个既重视立规更强调执规的新阶段。因此必须进一步加大党内法规的执行力度,切实维护党内法规制度权威。一是加大党内法规信息公开和宣传力度。从执行角度来说,“有规可依”不仅要求有规范可供遵守,同时也要求党员、党组织知晓应当遵守的规范,即强调执行相对人的认知标准。在这个意义上,党内法规执行力与知晓度成正相关关系。因此,加大党内法规公开力度,改进降密、解密的程序和方式,创新党内法规宣传方式方法,以喜闻乐见方式替代枯燥文本宣传,有助于提高党内法规普及度和接受度,让党内法规更加深入人心。二是进一步强化党内监督执纪问责。监督执纪问责是加强党内法规执行的根本要求,有制度却不遵守便会产生“破窗效应”。习近平总书记强调:“法规制度的生命力在于执行。贯彻执行法规制度没有绝招,关键在真抓,靠的是严管。” 因此,必须强化党内法规执行监督,完善党内监督体系和监督方式,让党员、领导干部习惯在监督下活动;加大执纪力度,做到制度面前人人平等,违反制度严肃处理;以党内法规执行责任制为抓手, 严格考核问责,用责任传导压力,推动各级党组织和党员领导干部切实履行执行党内法规的政治责任。三是常态化开展党内法规实施评估。评估既是对实施现状的评价总结,也是对实施不足的反思和改进。影响党内法规实施成效的因素很多,加强实施评估工作,将有助于查找制约依规治党成效的具体原因,以便有针对性地改进和完善。

Fifth, we must shape the culture of laws and regulations within the Party and strengthen the rule of law thinking of Party members and cadres. Going from people who are afraid to be corrupt, to those who cannot be corrupt, to those who do not want to be corrupt is the goal of anti-corruption. This requires a deepening from a temporary cure to a permanent cure. This background reflects the difference in the effect in the transition from institutions to institutional culture. The Sixth Plenum of the 18th Central Committee proposed to strengthen the construction of political culture within the Party and that “the political culture within the Party is essentially institutional culture and rooted in the culture of the rule of law.” Shaping a good culture of internal Party laws and regulations is of great significance in purifying the political ecosystem within the Party and advancing the comprehensive and strict governance of the Party. The key to governing the Party according to regulations lies in governing power, but in the final analysis, it still lies with people. Therefore, the use of institution-building to promote cultural construction, which in turn promotes the formation of rule of law thinking among Party members and cadres is an inevitable requirement of governing the Party according to regulations. To this end, the first thing is that we must strengthen the study of internal Party laws and regulations. Study is the prerequisite of compliance. “It is not only necessary to learn for the first time and repeatedly study to know the content, but also to integrate practical study and deep reflection to know the reasons behind it.” Through study of the Party’s internal laws and regulations, we can strengthen the recognition of the Party’s institutions of internal laws and regulations so as to firmly establish awareness of the rule of law, institutional awareness, and discipline awareness among Party members and form an atmosphere of the rule of law that respects institutions, abides by institutions, and defends institutions. The second thing is to strengthen the education on ideals and beliefs for Party members. “Ideals and beliefs signify the high degree of recognition of political ideas by political entities. This is the core and soul of political culture and plays a value-orienting role in the construction of political culture.” We must strengthen the education on ideals and beliefs, remember our original institution, keep our mission in mind, and deepen the understanding of governing the Party according to regulations in the process of ideological construction. This will help Party members consciously identify with the Party’s internal culture of laws and regulations and become accustomed to working and living under the condition of a Party governed according to regulations. The third thing is to consciously abide by the Party’s internal laws and regulations. “Among the four elements of culture, spirit, institutions, modes of behavior, and material vehicles, the institutional element is very important.” Institutions regulate people’s behavior. By consciously observing and aligning with internal Party laws and regulations, we can shape the behavior of Party members, thereby forming a common way of life and stable living habits, that is, forming the form of the external order of the Party’s internal laws and regulations. 

第五,塑造党内法规文化,增强党员、干部的法治思维。从不敢腐、不能腐到不想腐,是反腐败目标要求从治标到治本的深化,其背后反映的是从制度到制度文化的作用差异。党的十八届六中全会提出要加强党内政治文化建设,而“党内政治文化本质上即制度文化,根基在法治文化” ,塑造良好的党内法规文化对于净化党内政治生态和推进全面从严治党具有重要意义。依规治党关键在治权,但归根结底还在于人。因此,以制度建设带动文化建设,进而促进党员、干部法治思维的形成,是依规治党的必然要求。为此,一是必须强化对党内法规的学习。学习是遵守之前提,“不仅要原原本本学、反反复复学,做到知其然,而且要联系实际学、深入思考学,做到知其所以然”。通过学习党内法规,增强对党内法规制度的认同,从而牢固树立党员的法治意识、制度意识、纪律意识,形成尊崇制度、遵守制度、捍卫制度的法治氛围。二是加强党员理想信念教育。“理想信仰是政治主体对政治理念高程度的认可,是政治文化的核心和灵魂,在政治文化建设中担当价值导向角色。” 加强理想信念教育,不忘初心、牢记使命,在思想建设过程中深化对依规治党的认识,将有助于党员自觉认同党内法规文化并习惯在依规治党下工作和生活。三是自觉遵守党内法规。“在文化的精神、制度、行为方式、物质承载这四个要素中,制度要素是至关重要的。” 制度规范人的行为,通过自觉遵守和对标看齐党内法规,可以塑造党员的行为,进而形成共同的生活方式和稳定的生活习惯,即形成党内法规文化的外在秩序形态。

Sixth, we must conduct in-depth theoretical research on the Party’s institutions of internal laws and regulations, guided by discipline construction for the Party’s internal laws and regulations. Theory originates from practice and has important value in guiding and leading practice. General Secretary Xi Jinping pointed out: “We must conscientiously summarize the practical experience of party-building, and promptly distill relatively mature and universally applicable experience into institutions. At the same time, we must strengthen the theoretical research and macro-design for the construction of the Party’s institutions of internal laws and regulations.” Since the 18th Party Congress, the rapid development of the construction of the Party’s institutions of internal laws and regulations has promoted the flourishing of theoretical research on the Party’s internal laws and regulations. The Party’s institutions of internal laws and regulations are unique political phenomena and phenomena of the rule of law that have developed along with the practice of the CCP in administering and governing the Party and cannot be fully and independently explained with respect to the various existing disciplines. At the same time, the practical logic of the political party system with Chinese characteristics determines that the construction of the discipline of internal Party laws and regulations has great practical significance and theoretical value. Disciplinization (学科化) is not only the inevitable result of the maturation of academic theory, but discipline construction, in turn, promotes the development of academic theories. Therefore, we should be guided by the discipline construction for internal Party laws and regulations, conduct in-depth theoretical research on internal Party laws and regulations, strengthen confidence in the Party’s institutions of internal laws and regulations, and provide strong disciplinary support for deepening the practice of governing the Party according to regulations. On the one hand, we must intensify research on the basic and cutting-edge issues concerning the Party’s internal laws and regulations, deeply grasp the differences and connections between the Party’s internal laws and regulations and other disciplines such as law, political science, Party history, and Party construction as well as the significance of its research methods and disciplinary divisions, and perform an in-depth study of basic theoretical issues such as the research objects, basic principles, disciplinary positioning, disciplinary system, and personnel training with regard to the study of the Party’s internal laws and regulations. On the other hand, we must pay attention to countermeasure research and the application of theoretical results in the construction of the Party’s institutions of internal laws and regulations, pay attention to the Party’s practices of governing the Party according to regulations, such as the Party’s institutions of internal laws and regulations and implementation and evaluation systems. In addition, we must also reflect and puts forward suggestions in the academic field and further promote institutional innovation through theoretical innovation on the basis of practice. 

第六,以党内法规学科建设为导向,深入开展党内法规制度理论研究。理论源于实践并对实践有着重要的指导和引领价值。习近平总书记指出:“要认真总结党的建设实践经验,及时把比较成熟、普遍适用的经验提炼上升为制度,同时要加强党内法规制度建设理论研究和宏观设计。” 党的十八大以来,党内法规制度建设快速发展,促进了党内法规理论研究的兴盛。党内法规制度是伴随着中国共产党管党治党实践而产生发展起来的、独特的、无法为现有各学科完全独立阐释的政治现象和法治现象。同时,中国特色政党制度的实践逻辑,决定了党内法规学科建设具有重大现实意义和理论价值。学科化既是学术理论走向成熟的必然结果,同时学科建设又反过来促进学术理论的发展。因此,应以党内法规学科建设为导向,深入开展党内法规理论研究,坚定党内法规制度自信,为深化依规治党实践提供有力的学科支撑。一方面,要加大党内法规基础性前沿性问题的研究,深刻把握党内法规学与法学、政治学、党史党建学等其他学科的区别与联系,以及其研究方法和学科分野的意义,深入研究党内法规学的研究对象、基本原则、学科定位、学科体系、人才培养等基础理论问题。另一方面,要注重党内法规制度建设的对策性研究和理论成果转化,关注党内法规制度体系、实施与评价体系等依规治党实践,并从学理上进行反思和提出建议,以实践基础上的理论创新进一步推动制度创新。

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邵帅 (Shao Shuai), 周叶中 (Zhou Yezhong). "On Governing the Party According to Regulations [论依规治党]". CSIS Interpret: China, original work published in Study and Practice [学习与实践], May 9, 2020

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