The Construction of Enforcement Capacity of Intra-Party Regulations Is the Concrete Embodiment of Comprehensive and Strict Governance of the Party
黄天弘:党内法规执行力建设是全面从严治党的具体化
The courage to engage in self-revolution is the most distinctive quality of the Communist Party of China. The courage to engage in self-revolution is the political foundation for the Party to clearly propose, in the New Era, the formulation and implementation of the Eight-Point Regulations [1]1 The Eight-Point Regulations: A set of rules adopted by the CPC Central Committee in December 2012 to reduce bureaucracy, extravagance, and formalism among Party officials., an act that established credibility like moving a log to win trust [2]2 "Moving a log to win trust" (徙木立信): An allusion to the ancient reformer Shang Yang (390–338 BCE), who placed a log in the market and promised a reward to anyone who moved it, thereby demonstrating that the state's decrees would be enforced.. Comprehensive and strict governance of the Party is a great practice of the Party's self-revolution in the New Era. To ensure the Party's long-term and ever-growing governance, it is necessary to resolutely implement the spirit of the Eight-Point Regulations, rectify work styles with strict discipline, and enrich the effective pathways of self-revolution; it is necessary to persist in constructing a system of institutional norms for self-purification, self-improvement, self-renovation, and self-enhancement, providing institutional guarantees for advancing the great self-revolution.
勇于自我革命是中国共产党最鲜明的品格,勇于自我革命是党在新时代鲜明提出制定实施中央八项规定徙木立信之举的政治底气。全面从严治党是新时代党的自我革命的伟大实践,要保证党的执政长盛不衰、不断发展壮大,必须坚决落实中央八项规定精神,以严明纪律整饬作风,丰富自我革命有效途径;必须坚持构建自我净化、自我完善、自我革新、自我提高的制度规范体系,为推进伟大自我革命提供制度保障。
Institutional Guarantees
制度保障
The Party's self-revolution is a long-term systematic project that requires the construction of long-term mechanisms, among which institutional guarantees are indispensable. Self-revolution must focus on identifying problems and correcting deviations, especially on perfecting the supervision and restraint of power, so as to continuously remove impurities, eliminate viruses, and prevent contamination. Establishing mechanisms for problem discovery, problem resolution, and standardizing the operation of power all require the guarantee of a complete institutional system. Institutional construction elevates the fine work styles, working methods, and approaches formed in the practice of self-revolution into institutional norms, which can promote good practices on a broader scale and consolidate achievements to a greater extent.
党的自我革命是一个长期的系统工程,必须构建长效机制,其中,制度保障不可或缺。自我革命要聚焦发现问题、纠正偏差,特别是完善对权力的监督制约,才能不断去杂质、除病毒、防污染,而建立问题发现机制、问题解决机制、规范权力运行,都需要以完善的制度体系为保障。制度建设将自我革命实践中形成的优良作风、工作方式方法等上升为制度规范,可以在更广范围内推广优秀做法、更大程度上巩固成果。
Intra-Party regulations are specialized rules and systems that embody the unified will of the Party, standardize the Party's leadership and Party building activities, and are enforced by the Party's discipline. Intra-Party regulations centrally embody the requirements of comprehensive and strict governance of the Party for Party building, playing an important role in creating institutions and setting directions. The Party's self-revolution itself must also follow the system of intra-Party regulations headed by the Party Constitution, and attach great importance to the role of intra-Party regulations. This is mainly manifested in: using intra-Party regulations as the foundation to perfect the institutional system of self-revolution, implementing institutional construction in all aspects of the Party's self-revolution; using intra-Party regulations as behavioral norms to promote the implementation of self-revolution actions; using intra-Party regulations as behavioral guidelines to strengthen the supervision of self-revolution institutions; using intra-Party regulations as value guidance to promote the spirit of self-revolution.
党内法规是体现党的统一意志、规范党的领导和党的建设活动、依靠党的纪律保证实施的专门规章制度。党内法规集中体现了全面从严治党的建设要求,发挥着创设制度、定明方向的重要作用。党的自我革命本身也需要遵循以党章为首的党内法规制度体系,高度重视发挥党内法规的作用,主要表现在:以党内法规为基础,完善自我革命制度体系,将制度建设贯彻于党的自我革命的各个方面;以党内法规为行为规范,推进自我革命行动实施;以党内法规为行为遵循,加强自我革命制度监督;以党内法规为价值指引,弘扬自我革命精神。
Pathways and Measures
路径与措施
The core requirement of the Party's self-revolution is comprehensive and strict governance of the Party. To enhance the enforcement capacity of intra-Party regulations, the spirit of self-revolution should also be implemented, promoting the innovative development of mechanisms and measures for enforcing intra-Party regulations, and eliminating drawbacks that hinder the implementation and enforcement of intra-Party regulations. Generally speaking, enhancing the enforcement capacity of intra-Party regulations should start from several aspects: laying the foundation for enforcement, implementing the starting point for enforcement, optimizing the enforcement environment, and strengthening enforcement guarantees.
党的自我革命的核心要求是全面从严治党。而提升党内法规执行力,也应贯彻自我革命精神,推动党内法规执行措施机制的创新发展,革除不利于党内法规执行落实的弊端。总的来说,提升党内法规执行力应从奠定执行基础、落实执行抓手、优化执行环境、加强执行保障几个方面着手。
First, improve the scientific nature and systematicity of the formulation of intra-Party regulations, laying the foundation for enforcement. High-quality intra-Party regulations are the prerequisite and foundation for enhancing the enforcement capacity of intra-Party regulations. Scientific and reasonable intra-Party regulations require that the connotation and denotation of terms be clear, with no ambiguity; that the content be suited to the reality of Party building, with a balanced allocation of rights and obligations for Party members and cadres; that the procedures be fair and transparent, with reasonable limits on discretionary power during implementation; that the implementation measures be specific, standardized, and detailed, specifying the conditions for exercising power and clarifying the requirements for fulfilling obligations, thereby enhancing operability. For example, intra-Party regulations should avoid using vague terms such as "within a certain period of time," "within a certain scope," or "major issues," so as to prevent confusion during enforcement. The formulation of intra-Party regulations should also be systematic, avoiding overlaps, repetitions, or conflicts between regulations; intra-Party regulations must always be consistent with the Party's line, principles, and policies, and be coordinated with and effectively linked to the national constitution and laws. Finally, intra-Party regulations should be updated and revised in a timely manner, keeping pace with changes in Party affairs and Party building needs, and incorporating new situations and new problems into the scope of intra-Party regulation in a timely manner; during the process of formulation and revision, opinions and suggestions from Party members, the masses, and other parties should be heard as much as possible, and Party members should be mobilized to extensively participate in investigating the applicability of intra-Party regulations in practical application, ensuring the democratic and scientific nature of the formulation process.
第一,提高党内法规制定的科学性和系统性,奠定执行基础。高质量的党内法规是提升党内法规执行力的前提和基础。科学合理的党内法规要求在用语上内涵外延明确,不存在歧义;在内容上切合党的建设实际、党员干部权利义务配置平衡;在程序上公正透明,对实施过程中的裁量权限定合理,在落实措施上要具体规范翔实,规范权力行使条件,明确义务履行要求,增强可操作性。比如,党内法规要避免使用“一定时间内”“一定范围内”“重大问题”等模糊用语,以免执行时无所适从。党内法规的制定还应具有系统性,避免法规之间发生交叉重复、内容冲突等情况;党内法规要始终同党的路线、方针、政策保持一致,与国家宪法和法律的规定相协调并有效衔接。最后,党内法规要及时更新修订,跟进党务工作和党的建设需求的变化,将新情况和新问题及时纳入党内法规调整范畴;在制定修改过程中,要尽可能听取党员、群众等各方面的意见和建议,发动党员广泛参与调研党内法规在实际应用中的适用性,确保制定过程的民主性和科学性。
Second, enhance the capacity and competence of the subjects of intra-Party regulation enforcement, implementing the starting point for enforcement. The capacity and competence of the enforcement subjects are key factors affecting the effectiveness of intra-Party regulation enforcement. Enforcement is an act with a coercive nature; from this perspective, enforcement subjects must have self-discipline awareness and lead by example; they must have a sense of mission, with a strong willingness to believe in, comply with, and enforce regulations; they must have an upright and incorruptible spirit, eliminating interfering factors in the enforcement of intra-Party regulations, daring to punish those who violate laws and regulations, and safeguarding the authority and dignity of intra-Party regulations. The enforcement of intra-Party regulations is a process of applying abstract normative documents to complex practical work and life. It requires enforcement subjects to fully understand and accurately grasp the precise meaning, scope of application, and conditions of intra-Party regulations, to distinguish situations in practice, and to apply them flexibly based on the actual situation while adhering to the principles and spirit of intra-Party regulations. Therefore, enforcers need to have high professional competence, with independent and objective analytical and judgment abilities, as well as practical operational skills, to ensure that intra-Party regulations play a rigid constraining role in comprehensive and strict governance of the Party, and to supervise the standardized exercise of power within the Party. While enhancing the professional competence of existing enforcement subjects, it is also necessary to actively recruit professional talents in intra-Party regulations into the enforcement team, improving the degree of professionalization of the team.
第二,提升党内法规执行主体的能力素养,落实执行抓手。执行主体的能力和素养是影响党内法规执行效果的关键因素。执行是带有强制意味的行为,从这个角度讲,执行主体必须有自律意识,以身作则;要有使命意识,具有信仰党规、遵规执规的强烈意愿;要有刚正不阿的精神,排除党内法规执行的干扰因素,敢于惩戒违法违规者,维护党内法规权威和尊严。党内法规执行是将抽象的规范性文件应用于复杂的实际工作生活中的过程,需要执行主体全面理解、准确把握党内法规的精确含义、适用范围与条件,辨析实际中的情形,在秉承党内法规原则和精神的基础上依据实际情况灵活适用。因此,需要执行者具有较高的专业素养,具有独立客观的思考辨析能力、实际操作能力,以保障党内法规发挥全面从严治党的刚性约束作用,督促党内权力的规范行使。在提升现有执行主体专业素养的同时,还要积极吸纳党内法规方面的专业人才进入执行队伍,提高队伍的专业化程度。
Third, cultivate the awareness of the rule of law and the awareness of rules among all Party members and cadres, optimizing the enforcement environment. Only when Party members and cadres genuinely recognize and respect intra-Party regulations from the heart can they consciously abide by and obey them. To this end, it is necessary to cultivate the awareness of the rule of law and the awareness of rules among all Party members and cadres. After intra-Party regulations are formulated, they should be promptly made public, and their study and publicity should be organized, disseminated to the whole society through various channels, so that Party members and cadres can understand and identify with the purpose and value of the formulation of intra-Party regulations. The process of publicity itself is a process of discussing and forming consensus on intra-Party regulations within the whole society, and it also lays the foundation for non-Party masses to participate in the supervision of the enforcement of intra-Party regulations. It is necessary to strengthen the publicity and education of the rule of law, create a rule-of-law environment, spread the spirit of the rule of law, eliminate the negative impact of "privilege" thinking on the authority of the intra-Party regulation system, cultivate the concept of equality and awareness of rights among the people, strengthen the sense of Party member responsibility and obligation awareness among Party members and cadres, form a consensus of thought that respects rules and acts according to institutional rules, internalize intra-Party regulations as a conscious action in daily work, and guide Party members and the masses to consciously participate in the implementation of intra-Party regulations.
第三,培育全体党员干部的法治意识和规则意识,优化执行环境。只有党员干部对党内法规发自内心地认可、崇尚,才能做到自觉遵守和服从。为此,要培育全体党员干部的法治意识、规则意识。党内法规制定出来之后,要及时公开并组织宣传学习,通过各种渠道向全社会传播,让党员干部理解、认同党内法规制定的目的、价值。宣传过程本身就是党内法规在全社会讨论和形成共识的过程,同时也为党外群众参与党内法规执行监督奠定了基础。要加强法治宣传教育,营造法治环境,传播法治精神,消除“特权”思想对党内法规制度权威的消极影响,培育民众的平等观念和权利意识,强化党员干部的党员职责意识和义务意识,形成崇尚规则、按制度规则办事的思想共识,将党内法规内化为日常工作中的行动自觉,引导党员群众自觉参与到党内法规的实施中来。
Fourth, strengthen the construction of supervision mechanisms for the enforcement of intra-Party regulations, strengthening enforcement guarantees. To enhance the enforcement capacity of intra-Party regulations, supervision must be carried out throughout the entire process of intra-Party regulation enforcement. The role of the supervision mechanism is to prevent Party members and cadres from harboring a fluke mentality, and to implement the main responsibility for the enforcement of intra-Party regulations. Therefore, establishing a supervision mechanism first requires establishing an accountability mechanism for the enforcement of intra-Party regulations, clarifying the circumstances of accountability, the consequences of accountability, and so on. This is to prevent individual Party members and cadres from abusing power for personal gain or engaging in graft and perverting the law when enforcing intra-Party regulations. It is necessary to strengthen supervision and accountability, implement punitive provisions, in order to alert Party members and cadres and force the enforcement of intra-Party regulations to be carried out in place. Strengthen the supervision mechanism for the enforcement of intra-Party regulations, linking intra-Party supervision with state organ supervision, democratic supervision, judicial supervision, mass supervision, and public opinion supervision, achieving a positive interaction between self-discipline and heteronomy. For example, if relevant state organs discover that a Party member or cadre has violated intra-Party regulations and needs to be dealt with, they should promptly report to the relevant Party organization; if discipline inspection and supervision agencies discover that a Party member or cadre has violated the law and needs to be held accountable, they should promptly report to the relevant judicial organs, thereby forming a joint force of supervision, ultimately promoting the organic unity of rule-based governance of the Party and law-based governance. While strengthening the supervision mechanism for the enforcement of intra-Party regulations, it is necessary to establish an assessment and evaluation mechanism, incorporating the enforcement of intra-Party regulations into the assessment content of Party committee leadership teams and Party members and cadres, combining it with the assessment of the responsibility system for clean governance and anti-corruption, forming a situation that encourages the advanced and punishes the backward. To strengthen the supervision mechanism for the enforcement of intra-Party regulations, it is also necessary to establish a fault-tolerance and error-correction mechanism, objectively evaluating the nature of errors. In the process of reform and innovation, some mistakes are inevitable. It is necessary to distinguish between intentional mistakes and errors arising from promoting work or innovating working methods, to protect the enthusiasm of Party members and cadres for promoting development, and to perfect the protection mechanism for Party members and cadres to take on responsibilities and act.
第四,强化党内法规执行的监督机制建设,加强执行保障。提升党内法规执行力,必须把监督贯穿于党内法规执行的全过程。监督机制的作用是避免党员干部存在侥幸心理,落实党内法规执行的主体责任。因此,建立监督机制首先要建立党内法规执行的问责机制,明确问责情形、问责后果等。避免个别党员干部在执行党内法规时以权谋私、徇私枉法。要加强监督问责,落实惩戒性规定,才能警醒党员干部、倒逼党内法规执行到位。强化党内法规执行的监督机制,把党内监督同国家机关监督、民主监督、司法监督、群众监督、舆论监督贯通起来,实现自律和他律良性互动。比如,有关国家机关发现党员干部违反党内法规需要处理的,应当及时向有关党组织报告,纪检监察机关发现党员干部违反法律需要追责的,应当及时向有关司法机关报告,由此形成监督合力,最终促进依规治党和依法治国的有机统一。强化党内法规执行监督机制的同时,要建立考核评估机制,将党内法规执行情况纳入党委领导班子和党员干部考核内容,与党风廉政建设责任制等相结合考核,形成激励先进、惩罚落后的局面。强化党内法规执行监督机制,还要建立容错纠错机制,客观评价错误的性质。在改革创新过程中出现一些失误在所难免,要把故意犯错和为推动工作、创新工作方法出现的过失区分开来,保障党员干部推动发展的积极性,完善党员干部担当作为的保护机制。
For the Party to forever preserve its advanced nature and purity, periodic concentrated cleaning and washing are necessary, but in the long term, it must rely on reform and on institutions. Promoting self-revolution with a scientific attitude and in a systematic manner is a distinct advantage of our Party and also the winning way to lead the times.
党要永葆先进性和纯洁性,集中性地打扫、洗涤很有必要,从长计议还得靠改革、靠制度。以科学的态度、体系化的方式推进自我革命是我们党的显著优势,也是引领时代的制胜之道。
(The author is a researcher at the Research Center for Ideological and Political Education in the New Era and a professor at the School of Marxism, Zhengzhou University of Light Industry.)
(作者系郑州轻工业大学新时代思想政治教育研究中心研究员、马克思主义学院教授)
Online editor: Tongxin
网络编辑:同心
Notes
- The Eight-Point Regulations: A set of rules adopted by the CPC Central Committee in December 2012 to reduce bureaucracy, extravagance, and formalism among Party officials. ↩
- "Moving a log to win trust" (徙木立信): An allusion to the ancient reformer Shang Yang (390–338 BCE), who placed a log in the market and promised a reward to anyone who moved it, thereby demonstrating that the state's decrees would be enforced. ↩