党管政法:党与政法关系的演进
周尚君党管政法:党与政法关系的演进
The System of the Party's Leadership over Political and Legal Work in China
期刊名称：《法学研究》
期刊年份：
作者：周尚君
单位：西南政法大学行政法学院
中文关键词：政法领导体制;党管政法;党与政法关系
英文关键词：the system of leadership over politic and legal work;the Party's leadership over political and legal work;the relationship between the Party and political and legal affairs
中文摘要：
“党管政法”是中国共产党执政的基本治理经验之一。从新中国成立至今，党与政法的关系一直处于互动调适之中。随着不同时期党的工作重心转移和国家权力配置的调整，党与政法关系经历了为巩固新生政权的“诸权合一”、归口管理下的“一元分级”、“党政职能分开”的“一元多层、分工负责”，最终确立了“总揽全局、协调各方”的政法领导体制，“领导立法、保证执法、支持司法、带头守法”的十六字原则成为“党管政法”的根本指针。不同时期的领导体制伴随着不同的组织机制和运作技术，演进过程中显现出明显的目标主义逻辑和连续均衡特征。党与政法关系的演进逻辑表明，“党管政法”是通过探索性的组织机制、运作技术在党政关系、党法关系和其他关系的均衡互动中实现的。
英文摘要：
The implementation of the system of the Party's leadership over political and legal work is one of the basic governance experiences of the CPC. Ever since the establishment of the People's Republic in 1949, the structure of the relation between the CPC and politic and legal affairs in China has always been in a state of interactive adjustment. With the shifting of the Party's emphasis of work and the adjustment of the configuration of state power in different historical periods, the structure of the relationship between the Party and political and legal affairs has under the following stages of evolution:the "structure of integration of all powers into one" during the period of consolidation of the newborn political power; the hierarchical unitary structure under the system of "centralized management by specified departments"; the multi-level unitary structure with division of labor and individual responsibility under the system of "separation of Party and government functions"; and, ultimately, the structure whereby "the CPC commands the overall situation and coordinates the efforts of all quarters", leads the legislation, ensures the enforcement of law, supports the judicial work, and takes the lead in abiding by the law. The structure of CPC's leadership over political and legal affairs at different stages of development has been accompanied by different organizational mechanisms and operational techniques, and the process of evolution has showed the obvious logic of target orientation and the feature of continuous equilibrium. The evolution of the relationship between the Party and political and legal affairs in China shows that the Party's leadership over political and legal work is realized through the balanced interaction between explorative organizational mechanism and operational techniques in the relationship between the Party and political affairs, the relationship between the Party and legal affairs and other relationships.
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