Upholding the Organic Unity of Law-Based Governance and Rule-Based Governance over the Party
周叶中:坚持依法治国和依规治党有机统一
Xi Jinping Thought on the Rule of Law is a scientific theoretical system that is rich in content, profound in scope, and continuously developing. The *Study Outline of Xi Jinping Thought on the Rule of Law (2025 Edition)* designates “upholding the organic unity of law-based governance and rule-based governance over the Party” as the “Twelfth Upholding” among the core tenets of Xi Jinping Thought on the Rule of Law. This is a landmark achievement in the enrichment and development of Xi Jinping Thought on the Rule of Law, profoundly revealing the dialectical relationship between governing the Party and governing the country within the domain of the rule of law, and serving as a distinctive marker that distinguishes the socialist rule-of-law theory with Chinese characteristics from Western rule-of-law theory.
习近平法治思想是一个内涵丰富、博大精深、不断发展的科学理论体系。《习近平法治思想学习纲要(2025年版)》将“坚持依法治国和依规治党有机统一”作为习近平法治思想核心要义的“第十二个坚持”,这是习近平法治思想丰富发展的标志性成果,深刻揭示了治党和治国在法治场域的辩证关系,是中国特色社会主义法治理论区别于西方法治理论的一个显著标识。
“Upholding the organic unity of law-based governance and rule-based governance over the Party” is an original contribution of Xi Jinping Thought on the Rule of
“坚持依法治国和依规治党有机统一”是习近平法治思想的原创性贡献
Since the 18th National Congress of the CPC, the Party Central Committee with Comrade Xi Jinping at its core, standing at the strategic height of the Party’s long-term governance and the nation’s enduring stability and security, has creatively put forward the major proposition of “upholding the organic unity of law-based governance and rule-based governance over the Party.” This closely integrates the governance of the country and the administration of the Party, highly condenses the theoretical and practical innovations of our Party in leading the construction of the rule of law, and has made an important original contribution to enriching and developing the civilization of the rule of law for humanity.
党的十八大以来,以习近平同志为核心的党中央站在党长期执政和国家长治久安的战略高度,创造性提出“坚持依法治国和依规治党有机统一”的重大命题,将治国理政和管党治党紧密结合起来,高度凝结了我们党领导法治建设的理论创新和实践创新成果,为丰富和发展人类法治文明作出了重要原创性贡献。
Opening up a new realm for comprehensive and strict governance of the Party and comprehensive law-based governance. Entering the New Era, the Party Central Committee with Comrade Xi Jinping at its core, while upholding law-based governance, has employed rule-of-law thinking and rule-of-law methods to strengthen the Party’s leadership and Party building, and has established upholding rule-based governance over the Party as the basic method for administering and governing the Party, blazing a new path of party governance that relies on the construction of intra-Party regulations to strengthen self-building. General Secretary Xi Jinping has delivered a series of important expositions on rule-based governance over the Party, profoundly elaborating on the status and role, political direction, major principles, key tasks, and important relationships of intra-Party regulation construction in the New Era. These expositions clarify the distinctive features of rule-based governance over the Party, such as “Party rules and Party discipline are stricter than national law” and “placing discipline and rules at the forefront.” They clearly propose that intra-Party regulations should play a major role in maintaining the centralized and unified leadership of the Party Central Committee, ensuring the Party’s long-term governance and the nation’s enduring stability and security, and in advancing the great new project of Party building in the New Era and implementing comprehensive and strict governance of the Party. In particular, the creative proposal to “uphold the organic unity of law-based governance and rule-based governance over the Party” emphasizes the need to form a pattern where national law and intra-Party regulations complement each other, leverage the complementary roles of law-based governance and rule-based governance over the Party, and ensure that the Party both governs the country according to the Constitution and laws and administers and strictly governs the Party according to intra-Party regulations. This has thus opened up a new realm for comprehensive and strict governance of the Party and comprehensive law-based governance, pointing the way for the coordinated advancement of the governance of a large country and a large party on the track of the rule of law.
开辟全面从严治党和全面依法治国新境界。进入新时代,以习近平同志为核心的党中央在坚持依法治国的同时,运用法治思维和法治方式加强党的领导和党的建设,并将坚持依规治党确立为管党治党的基本方式,走出了一条依靠党内法规制度建设加强自身建设的政党治理新路。习近平总书记围绕依规治党发表一系列重要论述,深刻阐述了新时代党内法规制度建设的地位作用、政治方向、重大原则、重点任务和重大关系,阐明了依规治党坚持“党规党纪严于国家法律”“把纪律和规矩挺在前面”等显著特点,鲜明提出要发挥好党内法规在维护党中央集中统一领导、保障党长期执政和国家长治久安方面的重大作用,在推进新时代党的建设新的伟大工程、落实全面从严治党方面的重大作用。特别是创造性提出“坚持依法治国和依规治党有机统一”,强调要形成国家法律和党内法规相辅相成的格局,发挥依法治国和依规治党的互补性作用,确保党既依据宪法法律治国理政,又依据党内法规管党治党、从严治党,从而开辟了全面从严治党和全面依法治国新境界,为在法治轨道上统筹推进大国治理和大党治理指明了方向。
Providing a new plan for the Party’s long-term governance and the nation’s enduring stability and security. The leadership of the Party is the most essential feature of socialism with Chinese characteristics, the greatest strength of the socialist system with Chinese characteristics, and the fundamental guarantee of our country’s socialist rule of law. Solving the unique challenges facing a large party and implementing the Party’s leadership throughout the entire process and in all aspects of rule-of-law construction is not only an inevitable requirement of comprehensive law-based governance but also a distinctive feature of our country’s rule-of-law construction. Starting from China’s concrete reality, General Secretary Xi Jinping has creatively applied Marxist rule-of-law theory to handle the relationships between politics and the rule of law, the Party and the law, and governing the Party and governing the country. By proposing to “uphold the organic unity of law-based governance and rule-based governance over the Party,” he has brought both governing the Party and governing the country onto the track of the rule of law, providing a completely new plan for the Party’s long-term governance and the nation’s enduring stability and security. On the one hand, to break out of the historical cycle of rise and fall [1]1 Xi Jinping, “Explanatory Notes on the ‘Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensively Advancing Law-Based Governance’” (October 20, 2014)., our Party has, through long-term practice, explored and formed “two answers”: “externally relying on developing people’s democracy and accepting people’s supervision, and internally relying on comprehensive and strict governance of the Party and advancing self-revolution.” Law-based governance, as the basic strategy for the Party to lead the people in governing the country, is the institutional cornerstone for practicing “people’s supervision”; rule-based governance over the Party, as the basic method for administering and governing the Party, is the sharp legal weapon for practicing “self-revolution.” On the other hand, “upholding the organic unity of law-based governance and rule-based governance over the Party,” by coordinating and promoting the governance of the Party and the country from the rule-of-law level, ensures the organic unity of the Party’s leadership, the people being the masters of the country, and law-based governance. It scientifically answers the question of the times: how to consolidate the Party’s ruling position and enhance its capacity to govern the country on the track of the rule of law. Furthermore, it has shaped and formed a unique governance advantage where rule-based governance over the Party leads and guarantees law-based governance, and law-based governance supports and promotes rule-based governance over the Party.
为党长期执政和国家长治久安提供新方案。党的领导是中国特色社会主义最本质的特征,是中国特色社会主义制度的最大优势,也是我国社会主义法治的根本保证。解决大党独有难题,将党的领导贯彻落实于法治建设全过程和各方面,既是全面依法治国的必然要求,也是我国法治建设的鲜明特色。习近平总书记从我国具体实际出发,创造性运用马克思主义法治理论处理政治和法治、党和法、治党和治国的关系,通过提出“坚持依法治国和依规治党有机统一”,将治党和治国都纳入法治轨道,为党长期执政和国家长治久安提供了全新方案。一方面,为跳出治乱兴衰历史周期率,我们党在长期实践中探索形成了“外靠发展人民民主、接受人民监督,内靠全面从严治党、推进自我革命”的“两个答案”。依法治国作为党领导人民治理国家的基本方略,是践行“人民监督”的制度基石;依规治党作为管党治党的基本方式,是践行“自我革命”的法治利器。另一方面,“坚持依法治国和依规治党有机统一”,通过从法治层面统筹谋划和协调推进治党和治国,确保党的领导、人民当家作主和依法治国有机统一,科学回答了如何在法治轨道上巩固党的执政地位、提升党的治国理政能力的时代之问,并进一步塑造形成了以依规治党引领和保障依法治国、以依法治国支撑和促进依规治党的独特治理优势。
Contributing Chinese wisdom and Chinese solutions to creating a new form of human rule-of-law civilization. For a long time, influenced by the “state law centrism” paradigm of thinking, people generally understood “rule of law” as “rule by law.” Since the 18th National Congress of the CPC, our Party, based on the concrete reality of China’s rule-of-law construction, has focused on leveraging the political guarantee role of rule-based governance over the Party for the development of the Party and the country’s cause. From the Fourth Plenary Session of the 18th Central Committee [2]2 The Third Plenary Session of the 20th Central Committee of the CPC: A major meeting of the Communist Party of China’s top leadership, held in July 2024, focused on deepening reform and advancing Chinese modernization. creatively incorporating the intra-Party regulations system into the socialist rule-of-law system with Chinese characteristics, to General Secretary Xi Jinping further proposing to “uphold the organic unity of law-based governance and rule-based governance over the Party,” this has not only directly pushed intra-Party regulations from the domain of Party building into the domain of the rule of law, accelerating the process of standardizing, scientizing, and systematizing intra-Party regulations, but also, by relying on the national governance system centered on the Party’s leadership, coordinated the advancement of law-based governance and rule-based governance over the Party. This has thus opened up a new “grand rule of law” pattern that includes both governance by national law and governance by Party regulations. This is unique in global rule-of-law practice and is a distinctive feature and prominent advantage of the socialist rule-of-law system with Chinese characteristics compared to the rule-of-law systems of other countries. In this sense, the original achievement of “upholding the organic unity of law-based governance and rule-based governance over the Party” has effectively addressed the practical issues in our country’s rule-of-law construction, promoting the benign interaction, organic integration, and integrated construction of governing the Party and governing the country. It has also broken the Western-centric myth of the rule of law, transcending the mindset of “the separation of law and political parties” in Western rule-of-law theory. Thus, while enriching and developing Marxist rule-of-law theory, it has also made an important contribution to the diversity of global rule-of-law civilization, providing useful experience for developing countries to independently explore paths of rule of law that suit their own national conditions.
为创造人类法治文明新形态贡献中国智慧和中国方案。长期以来,受“国家法中心主义”思维范式的影响,人们一般将“法治”理解为“法律之治”。党的十八大以来,我们党立足中国法治建设具体实际,注重发挥依规治党对党和国家事业发展的政治保障作用。从党的十八届四中全会将党内法规体系创造性纳入中国特色社会主义法治体系,到习近平总书记进一步提出“坚持依法治国和依规治党有机统一”,不仅直接推动党内法规由党建论域向法治论域延伸,加快党内法规规范化科学化体系化建设进程,而且通过依托以党的领导为核心的国家治理体系,统筹推进依法治国和依规治党,从而开辟了既有国法之治又有党规之治的“大法治”新格局。这在世界法治实践中独一无二,是中国特色社会主义法治体系相较于其他国家法治体系的鲜明特点和突出优势。从这个意义上说,“坚持依法治国和依规治党有机统一”这一原创性成果,既切实解决了我国法治建设的现实课题,推动治党和治国良性互动、有机融合、一体建设,也打破了西方中心主义的法治神话,超越了西方法治理论中“法与政党相对分离”的思维定式,从而在丰富发展马克思主义法治理论的同时,也为世界法治文明多样性作出了重要贡献,为广大发展中国家自主探索符合自身国情的法治道路提供了有益经验。
The Scientific Connotation of “Upholding the Organic Unity of Law-Based Governance and Rule-Based Governance over the Party”
“坚持依法治国和依规治党有机统一”的科学内涵
Since the 18th National Congress of the CPC, General Secretary Xi Jinping, starting from China’s concrete reality, has put forward a series of important expositions on the relationship between law-based governance and rule-based governance over the Party, which are rich in connotation, profound in argumentation, and rigorous in logic, profoundly elaborating the scientific connotation of “upholding the organic unity of law-based governance and rule-based governance over the Party.”
党的十八大以来,习近平总书记从我国具体实际出发,围绕依法治国和依规治党关系提出一系列内涵丰富、论述深刻、逻辑严密的重要论述,深刻阐述了“坚持依法治国和依规治党有机统一”的科学内涵。
“The Party’s leadership and socialist rule of law are consistent” is the fundamental political prerequisite. There is politics within the rule of law; there is no rule of law divorced from politics. Our country’s Constitution stipulates: “The leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics.” The Party’s leadership is not only the most fundamental guarantee of socialist rule of law but also the soul of the socialist rule of law with Chinese characteristics, and the greatest difference between our country’s rule of law and the rule of law in Western capitalist countries. Implementing the Party’s leadership throughout the entire process and in all aspects of comprehensive law-based governance, achieving the organic unity of political logic and rule-of-law logic, is a basic experience of our country’s rule-of-law construction and an inevitable requirement for building the socialist rule-of-law system with Chinese characteristics. In this regard, regarding the Party as a whole ruling entity, General Secretary Xi Jinping pointed out, “‘Is the Party bigger or the law bigger?’ is a political trap, a false proposition,” and “Socialist rule of law must uphold the Party’s leadership, and the Party’s leadership must rely on socialist rule of law.” At the same time, targeting Party and government organizations at all levels and leading cadres at all levels, General Secretary Xi Jinping pointed out, “Whether power is bigger or the law is bigger
“党的领导和社会主义法治是一致的”是根本政治前提。法治当中有政治,没有脱离政治的法治。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。”党的领导不仅是社会主义法治最根本的保证,而且是中国特色社会主义法治之魂,是我国法治同西方资本主义国家法治的最大区别。把党的领导贯彻到全面依法治国全过程和各方面,实现政治逻辑和法治逻辑有机统一,是我国法治建设的一条基本经验,也是建设中国特色社会主义法治体系的必然要求。对此,就党作为一个执政整体而言,习近平总书记指出,“‘党大还是法大’是一个政治陷阱,是一个伪命题”,“社会主义法治必须坚持党的领导,党的领导必须依靠社会主义法治”;同时,针对各级党政组织、各级领导干部,习近平总书记指出,“权大还是法大则是一个真命题”,“权力是一把双刃剑,在法治轨道上行使可以造福人民,在法律之外行使则必然祸害国家和人民”。这不仅科学揭示了政治和法治、党和法、党的领导和依法治国的高度统一性,而且为正确处理依法治国和依规治党的关系,真正将权力关进制度的笼子,构建党领导法治建设与法治保障党的领导的良性互动机制奠定了根本政治前提。
“Governing the country according to the Constitution and laws on the one hand, and managing and strictly governing the Party according to intra-Party regulations on the other” is the basic guideline. State laws and intra-Party regulations are closely related yet distinct; they can neither be simply equated nor set in opposition to each other. In this regard, General Secretary Xi Jinping pointed out: “We must uphold the organic unity of law-based governance and rule-based governance over the Party, ensuring that the Party both governs the country according to the Constitution and laws and manages and strictly governs the Party according to intra-Party regulations.” This clarifies the relational positioning of state laws and intra-Party regulations from the perspectives of “governing the country” and “managing and strictly governing the Party.” First, state laws and intra-Party regulations are independent of each other, with clear differences in terms of enacting bodies, enactment procedures, objects of adjustment, scope of application, forms of expression, and enforcement guarantees. Second, state laws and intra-Party regulations are fundamentally consistent; both are institutional reflections of the will of the Party and the people, jointly constructing the “broad rule of law” track for the operation of public power. They are important components of the national governance system and the socialist rule-of-law system with Chinese characteristics, and are key institutional vehicles for the Party to enhance its long-term governance capacity and leadership level and to ensure the long-term stability and security of the Party and the state. Third, intra-Party regulations are stricter than state laws, a determination inherent in the Party’s nature as a vanguard organization. As General Secretary Xi Jinping pointed out: “The requirements of the Party Constitution and other Party regulations for Party members are higher than those of the law. Party members must not only strictly abide by laws and regulations but also strictly observe the Party Constitution and other Party regulations, setting higher standards for themselves.” Fourth, intra-Party regulations are positioned ahead of state laws. Through the strict application of the “four forms” of supervision and discipline enforcement, [1]1 Xi Jinping, “Explanatory Notes on the ‘Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensively Advancing Law-Based Governance’” (October 20, 2014). they address problems early and at their inception, preventing and correcting minor issues before they escalate, thereby stopping Party members and cadres from developing disciplinary violations into legal violations.
“既依据宪法法律治国理政,又依据党内法规管党治党、从严治党”是基本遵循。国家法律和党内法规既密切联系又存在区别,既不能将两者简单等同,更不能将两者对立起来。对此,习近平总书记指出:“要坚持依法治国和依规治党有机统一,确保党既依据宪法法律治国理政,又依据党内法规管党治党、从严治党。”这就从“治国理政”和“管党治党、从严治党”角度为国家法律和党内法规厘清了关系定位。其一,国家法律和党内法规相互独立,在制定主体、制定程序、调整对象、适用范围、表现形式、实施保障等方面有明显区别。其二,国家法律和党内法规具有根本一致性,都是党和人民意志的制度化反映,共同构筑公权力运行的“大法治”轨道,是国家治理体系和中国特色社会主义法治体系的重要组成部分,是党提高长期执政能力和领导水平、确保党和国家长治久安的重要制度载体。其三,党内法规严于国家法律,这是由我们党作为先锋队组织的内在规定性决定的。正如习近平总书记所指出的:“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,党内法规挺在国家法律前面,通过严格运用监督执纪“四种形态”,抓早抓小、防微杜渐,防止党员、干部由违纪问题进一步发展成违法问题。
“Bringing into play the complementary role of law-based governance and rule-based governance over the Party” is the goal orientation. Upholding the organic unity of law-based governance and rule-based governance over the Party creates a pattern in which state laws and regulations and intra-Party regulations complement, promote, and guarantee each other, thereby fully leveraging their complementary roles. On the one hand, rule-based governance over the Party leads and guarantees law-based governance. General Secretary Xi Jinping pointed out: “Only when rule-based governance
“发挥依法治国和依规治党的互补性作用”是目标指向。坚持依法治国和依规治党有机统一,形成国家法律法规和党内法规制度相辅相成、相互促进、相互保障的格局,进而充分发挥两者的互补作用。一方面,依规治党引领和保障依法治国。习近平总书记指出:“依规治党深入党心,依法治国才能深入民心。”只有坚持依规治党,才能将权力切实关进制度的笼子,发挥党员干部在尊法学法守法用法中的示范带动作用,确保将党的领导落实到党和国家事业各领域各方面各环节,充分发挥党的政治保障优势。“八项规定改变中国”就是依规治党引领和保障依法治国实践的生动表达。另一方面,依法治国支撑和促进依规治党。依规治党是我们党运用法治思维和法治方式管党治党的创新实践,而依法治国在法治精神、法治原理、实践经验、制度机制、法治文化等方面可以为依规治党创造良好条件。正是在借鉴依法治国实践经验的基础上,新时代党内法规制度建设全方位快速推进,有力保证了形成比较完善的党内法规体系。
“Promoting the coordinated advancement and integrated construction of law-based governance, institution-based governance of the Party, and rule-based governance over the Party” is the fundamental pathway. Comprehensive law-based governance is a systematic rule-of-law project covering the governance of the Party, the state, and the military, and must be planned as a whole, with emphasis on systematicity, wholeness, and coordination. General Secretary Xi Jinping points out: “For our Party to fulfill its major historical mission of governing and rejuvenating the country, to win the great struggle with many new historical features, and to achieve enduring peace and stability for the Party and the state, it must uphold the coordinated advancement and integrated construction of law-based governance, institution-based governance of the Party, and rule-based governance over the Party.” [1]1 Xi Jinping, “Explanatory Notes on the ‘Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensively Advancing Law-Based Governance’” (October 20, 2014). “Coordinated advancement and integrated construction” fully embodies the systematic concept of the socialist rule-of-law system with Chinese characteristics, providing the basic guidance for integrating and interconnecting law-based governance and rule-based governance over the Party in practice. On the one hand, “coordinated advancement” emphasizes taking the overall situation as the starting point, and under the centralized, unified leadership of the Party Central Committee, jointly planning, deploying, and advancing all aspects of law-based governance and rule-based governance over the Party, thereby enhancing the wholeness and coordination of their construction. This is fully reflected in such work as legislation and rule-making, enforcement of discipline and law, intra-Party supervision, and state supervision. On the other hand, “integrated construction” refers to the formation, on the basis of “coordinated advancement,” of a rule-of-law practice with higher integration and wholeness between law-based governance and rule-based governance over the Party. For example, joint Party-government regulatory documents, as a special institutional practice distinct from the respective legislation and rule-making of Party organizations and state organs, are an institutional product of the highly unified will of the Party and the state, and are widely present in such fields as ideological management, petitioning work, workplace safety, and ecological and environmental governance.
“坚持依法治国与制度治党、依规治党统筹推进、一体建设”是基本路径。全面依法治国是一项覆盖治党治国治军的系统法治工程,必须整体谋划,注重系统性、整体性、协同性。习近平总书记指出:“我们党要履行好执政兴国的重大历史使命、赢得具有许多新的历史特点的伟大斗争胜利、实现党和国家的长治久安,必须坚持依法治国与制度治党、依规治党统筹推进、一体建设。”“统筹推进、一体建设”充分体现了中国特色社会主义法治体系的系统观念,为在实践中推进依法治国和依规治党融合、贯通提供了基本遵循。一方面,“统筹推进”侧重于立足全局,在党中央集中统一领导下,对依法治国和依规治党各方面工作同谋划、同部署、同推进,提高二者建设的整体性、协同性。这在立法立规、执纪执法、党内监督和国家监察等工作中都得到了充分体现。另一方面,“一体建设”指的是依法治国和依规治党在“统筹推进”基础上形成具有更高融合性和整体性的法治实践。例如,党政联合规范性文件作为一种区别于党组织和国家机关各自立法立规的特殊制度实践,就是党和国家意志高度统一的制度产物,其广泛存在于意识形态管理、信访工作、安全生产、生态环境治理等领域。
Practical Requirements for “Upholding the Organic Unity of Law-Based Governance and Rule-Based Governance over the Party”
“坚持依法治国和依规治党有机统一”的实践要求
Since the 18th National Congress of the CPC, under the strong leadership of the Party Central Committee with Comrade Xi Jinping at its core, the overall framework for comprehensive law-based governance has been basically established, the socialist rule-of-law system with Chinese characteristics has been continuously improved, and the path of socialist rule of law with Chinese characteristics has grown ever broader. On the new journey, we must accurately understand and grasp the essential meaning, conceptual methods, and practical requirements of “upholding the organic unity of law-based governance and rule-based governance over the Party,” uphold the organic unity of Party leadership, the people being the masters of the country, and law-based governance, and work together to create a new situation in the construction of a rule-of-law China.
党的十八大以来,在以习近平同志为核心的党中央坚强领导下,全面依法治国总体格局基本形成,中国特色社会主义法治体系不断完善,中国特色社会主义法治道路越走越宽广。新征程上,我们要准确理解把握“坚持依法治国和依规治党有机统一”的精髓要义、理念方法和实践要求,坚持党的领导、人民当家作主、依法治国有机统一,合力开创法治中国建设新局面。
Adhere to the guidance of Xi Jinping Thought on the Rule of Law. Upholding the organic unity of law-based governance and rule-based governance over the Party requires that in practice we thoroughly study and implement Xi Jinping Thought on the Rule of Law, especially General Secretary Xi Jinping’s important discourses on rule-based governance over the Party, deeply understand the historical context, main content, major tasks, and rule-of-law innovations of rule-based governance over the Party, deeply grasp the scientific connotation, major significance, practical achievements, valuable experience, and original contributions of “upholding the organic unity of law-based governance and rule-based governance over the Party,” as well as its important position and unique role within Xi Jinping Thought on the Rule of Law, and thereby continuously enhance our theoretical understanding and practical consciousness of this major thesis.
坚持以习近平法治思想为指导。坚持依法治国和依规治党有机统一,要求我们在实践中深入学习贯彻习近平法治思想,特别是习近平总书记关于依规治党的重要论述,深刻认识依规治党的时代背景、主要内容、重大任务、法治创新,深刻把握“坚持依法治国和依规治党有机统一”的科学内涵、重大意义、实践成就、宝贵经验和原创性贡献,及其在习近平法治思想中的重要地位和独特作用,进而不断增强对这一重大论断的理论认识和实践自觉。
Uphold and strengthen the centralized, unified leadership of the Party Central Committee. Upholding the organic unity of law-based governance and rule-based governance over the Party requires that in practice we strengthen top-level design, overall coordination, and holistic advancement, the core of which lies in upholding and strengthening the centralized, unified leadership of the Party Central Committee. It is necessary to improve the systems and working mechanisms for the Party to lead comprehensive law-based governance work, perfect the implementation mechanism for major decisions and deployments of the Party Central Committee on rule-of-law construction, give full play to the work responsibilities and role of the Central Committee for Comprehensive Law-Based Governance, improve and perfect the Party’s leadership methods and governance methods, and effectively promote the incorporation of Party leadership into laws and regulations from the perspective of “comprehensive rule of law,” thereby providing political guarantees for implementing “upholding the organic unity of law-based governance and rule-based governance over the Party.”
坚持和加强党中央集中统一领导。坚持依法治国和依规治党有机统一,要求我们在实践中加强顶层设计、统筹协调和整体推进,其核心在于坚持和加强党中央集中统一领导。必须健全党领导全面依法治国工作的制度和工作机制,完善党中央领导法治建设重大决策部署落实机制,充分发挥中央全面依法治国委员会的工作职责和作用,改进和完善党的领导方式和执政方式,从“大法治”角度切实推进党的领导入法入规,为贯彻落实“坚持依法治国和依规治党有机统一”提供政治保障。
Strengthen confidence in the socialist rule of law with Chinese characteristics. “Upholding the organic unity of law-based governance and rule-based governance over the Party” is a distinctive feature and prominent advantage of the socialist rule-of-law system with Chinese characteristics. On the new journey, we must fully recognize the theoretical advantages of Xi Jinping Thought on the Rule of Law, which is grounded in China’s reality, follows the laws of the rule of law, and integrates political logic; deeply understand its important original contributions to world political party governance and the development of rule-of-law civilization; strengthen confidence in the rule of law; and effectively enhance the capacity and level of independent innovation in rule-of-law construction. At the same time, we should fundamentally break free from the cognition in Western rule-of-law theory that “the rule of law is the rule of law,” effectively form a rule-of-law pattern in which law-based governance and rule-based governance over the Party are organically unified and complement each other, and unswervingly follow the path of socialist rule of law with Chinese characteristics.
坚定中国特色社会主义法治自信。“坚持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的鲜明特点和突出优势。新征程上,我们要充分认识习近平法治思想立足中国实际、遵循法治规律、融通政治逻辑的理论优势,深刻理解其为世界政党治理和法治文明发展作出的重要原创性贡献,坚定法治自信,切实提高法治建设的自主创新能力和水平。与此同时,应从根本上破除西方法治理论中“法治即法律之治”的认知,切实形成依法治国和依规治党有机统一、相辅相成的法治格局,坚定不移走中国特色社会主义法治道路。
Improve the mechanism for coordinating and linking intra-Party regulations with national laws and regulations. The Third Plenary Session of the 20th Central Committee of the CPC proposed: “Improve the mechanism for coordinating and linking intra-Party regulations with national laws and regulations.” [2]2 The Third Plenary Session of the 20th Central Committee of the CPC: A major meeting of the Communist Party of China’s top leadership, held in July 2024, focused on deepening reform and advancing Chinese modernization. In accordance with General Secretary Xi Jinping’s important requirement of “focusing on building a more complete socialist rule-of-law system with Chinese characteristics and building a higher-level socialist country under the rule of law,” we should both carry out the work of linking and coordinating the Party Constitution with the Constitution at the fundamental legal level, and systematically summarize the effective experience gained since the 18th National Congress of the CPC in coordinating and linking intra-Party regulations with national laws and regulations. [3]3 The 18th National Congress of the CPC: Held in November 2012, this congress marked the beginning of the Xi Jinping era and launched a comprehensive campaign against corruption and for strict Party governance. Uphold and implement the requirements that Party discipline is stricter than the law, that Party discipline takes precedence over the law, that Party discipline and the law are separate, and that Party discipline and the law are linked. Taking the improvement of working mechanisms as the starting point, in such links as the formulation planning, pre-review, filing and review, enforcement of regulations and laws, supervision and inspection, and publicity and education on the rule of law for intra-Party regulations and national laws and regulations, continuously improve the working mechanisms for linking and coordinating Party and government organs, thereby implementing the normative requirement of “coordination and linking” throughout the entire process and in all aspects of rule-of-law work. With regard to issues of disciplinary and legal violations, uphold the integration of disciplinary enforcement and law enforcement, emphasize the coordinated advancement of disciplinary oversight and enforcement and supervisory law enforcement, and strengthen coordination and linking in the standards, procedures, measures, and forms of responsibility for disciplinary and law enforcement work, such as in clue handling, review and investigation, and case transfer. This will help law-based governance and rule-based governance over the Party operate efficiently and work in synergy, ensure the unified application of Party rules and discipline and national laws and regulations, and effectively transform the institutional advantages of the organic unity of law-based governance and rule-based governance over the Party into the governance effectiveness of the Party and the state.
健全党内法规同国家法律法规衔接协调机制。党的二十届三中全会提出:“健全党内法规同国家法律法规衔接协调机制。”应按照习近平总书记提出的“聚焦建设更加完善的中国特色社会主义法治体系、建设更高水平的社会主义法治国家”的重要要求,既从根本法层面做好党章同宪法的衔接和协调工作,又对党的十八大以来党内法规同国家法律法规衔接协调的有效经验进行系统总结。坚持和贯彻纪严于法、纪在法前、纪法分开、纪法衔接要求,以健全工作机制为抓手,在党内法规和国家法律法规的制定规划、前置审核、备案审查、执规执法、监督监察、法治宣传教育等环节,不断完善党政机关工作衔接联动机制,从而将“衔接协调”的规范性要求贯彻落实于法治工作全过程和各方面。针对违纪违法问题,坚持执纪执法相贯通,注重监督执纪和监察执法一体推进,在线索处理、审查调查、案件移送等执纪执法工作标准、程序、举措和责任形式上加强衔接和协调,从而助力依法治国和依规治党高效运行、协同发力,确保党规党纪和国家法律法规一体适用,将依法治国和依规治党有机统一的制度优势切实转化为党和国家的治理效能。
(Author: Zhou Yezhong, Senior Professor of Humanities and Social Sciences at Wuhan University)
(作者:周叶中,系武汉大学人文社会科学资深教授)
Online Editor: Huihui
网络编辑:慧慧
Notes
- Xi Jinping, “Explanatory Notes on the ‘Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensively Advancing Law-Based Governance’” (October 20, 2014). ↩
- The Third Plenary Session of the 20th Central Committee of the CPC: A major meeting of the Communist Party of China’s top leadership, held in July 2024, focused on deepening reform and advancing Chinese modernization. ↩
- The 18th National Congress of the CPC: Held in November 2012, this congress marked the beginning of the Xi Jinping era and launched a comprehensive campaign against corruption and for strict Party governance. ↩