党政联合发文的制度逻辑及其规范化问题
封丽霞党政联合发文的制度逻辑及其规范化问题
Institutional Logic and Standardization of the Joint Issuance of Documents by the Party and the Government
期刊名称：《法学研究》
期刊年份：
作者：封丽霞
单位：中共中央党校(国家行政学院)和法律教研部
中文关键词：党政联合发文;党内法规;党领导立法;中国特色社会主义法治;国家治理体系
英文关键词：joint issuance of documents by the Party and the government; intra-Party's regulations; the Party's leadership over legislation; socialist rule of law with Chinese characteristics; state governance system
中文摘要：
党政联合发文是实现政党政治与政府行政联结融通的政策工具之一。在当代中国国家治理的过程中，党政联合发文与国家正式立法具有治理功能相辅相成、权限范围并行不悖、规范内容相互转化等内在关联。党政联合发文是实现党领导国家政权和党政双轨权力整合的制度形态，也是党领导立法的重要途径。它在一定程度上提升了政府效能，弥补了国家治理的制度短板，减少了规范性文件的制定成本，提高了制度的供给效率与执行合力。当前，需要在中国特色社会主义法治体系框架内，对党政联合发文的权限范围、身份定性、备案审查等问题进行理论论证与制度安排，避免党政联合发文的泛化，实现党的领导的政治性与国家法律的规范性之间的互构、协调与平衡。
英文摘要：
Joint issurance of documents by the Party and the government is one of the policy tools to realize the connection and integration between Party politics and government administration. In the process of state governance in contemporary China, the documents jointly issued by the Party and the government have such internal relations with state legislation as supplementation to governance functions, parallel scope of authority, and mutual transformation of normative content. The joint issuance of documents by the Party and the government is an institutional form to realize the Party's leadership over state power and the integration of the Party and government powers, as well as an important way for the Party to exercise its leadership over legislation. To a certain extent, it makes up for the deficiency of government capacity and the institutional short boards of the national governance system, reduces the cost of formulation of normative documents, and improves the supply efficiency and execution force of the system. At present, it is necessary to carry out theoretical demonstration and institutional arrangement for issues relating to the joint issuance of documents by the Party and the government, such as the scope of competence, identity positioning and recordation and review, within the framework of the system of socialist rule of law with Chinese characteristics, so as to avoid the generalization and abuse of joint issuance of documents by the Party and the government and achieve the coordination and balance between political characteristic of the Party's leadership and the normative characteristic of state law.
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