How to improve the implementation efficiency of inner-party laws and regulations
The effectiveness of the implementation of laws and regulations within the party directly affects the authority, value and vitality of the laws and regulations within the party and the actual effect of strictly administering the party in an all-round way. Restricted by party member’s cadres’ ideological understanding, the level of system construction, the implementation of laws and regulations and the supervision mechanism, there is still a certain gap between the implementation efficiency of inner-party laws and regulations and the requirements of strictly administering the party in an all-round way. Therefore, it is necessary to strengthen the rigid constraint on the implementation of inner-party laws and regulations, strictly regulate the words and deeds of party member cadres with laws and regulations, improve the implementation efficiency of inner-party laws and regulations, and promote the modernization of the national governance system and governance capacity with the effective implementation of inner-party laws and regulations.
First, the evaluation criteria for the effectiveness of the implementation of laws and regulations within the party
The enforcement efficiency of inner-party laws and regulations is the degree, efficiency and overall effect of inner-party laws and regulations in the process of operation, the best situation to realize the effectiveness of inner-party laws and regulations, and the result of various influencing factors in the implementation of inner-party laws and regulations, including the executing subject, executing object, time, effectiveness, effect and social influence. To evaluate the effectiveness of the implementation of laws and regulations within the party, we should take the implementation process as the logical main line and comprehensively analyze various factors, mainly including the following four indicators. The first is identity. It refers to the degree of psychological identification of the Party organization and party member with the inner-party regulations, including whether they are fully and clearly aware of the inner-party regulations and their main contents, whether they recognize the authority and effectiveness of the inner-party regulations, and whether they consciously accept the constraints of the inner-party regulations. The second is timeliness. It refers to the time difference between the formal promulgation and the implementation of the inner-party regulations, including whether to organize the study and communication as soon as possible after the promulgation of the inner-party regulations, and whether to formulate measures or adjust relevant institutional behaviors in time to meet the requirements of the new regulations. The third is accuracy. It refers to the degree to which the implementation of inner-party laws and regulations and its results have achieved the original purpose of laws and regulations, including whether to accurately understand and master the objectives and requirements of inner-party laws and regulations, whether to perform duties strictly in accordance with inner-party laws and regulations, and whether to formulate targeted measures and measures in combination with reality. The fourth is effectiveness. It refers to the effect and function of the implementation of laws and regulations within the party, including whether the implementation effect meets expectations, whether the comprehensive effect can be exerted, and whether good social benefits or other system dividends can be generated. According to the above four standards, we can comprehensively evaluate the effectiveness of the implementation of laws and regulations within the party.Find out the problems and shortcomings in the implementation of laws and regulations more accurately, and formulate targeted measures to improve them.
Second, the main problems existing in the implementation of laws and regulations within the party
(A) the system is empty, resulting in the complete invalidation of some internal party regulations.
There are three situations in which the laws and regulations within the party are imaginary. First, the inner-party laws and regulations were once effective, but they can no longer play a role with the development of the situation and tasks. For example, in June 2012, the Central Committee of the Communist Party of China deployed and carried out the first centralized clean-up work of internal party regulations and normative documents in the history of the Party, and identified 1,178 internal party regulations and systems from more than 23,000 central documents formulated between 1949 and 2012. Among them, 322 were abolished and 369 were declared invalid due to factors such as the change of the applicable object or the disappearance of the applicable subject. Second, there is no following after the implementation of internal party laws and regulations for a period of time. There are many reasons for this phenomenon, one of which is the popularity of sports management mode, which was "vigorous" at the beginning of deployment, and lost its "stamina" when it came to implementation, and finally went away. Third, some internal party regulations have not been implemented and implemented at all after their promulgation. The failure to implement the laws and regulations within the party is related to the immature conditions and lack of operability of the implementation of the laws and regulations within the party, as well as the lack of initiative and supervision and inspection in the implementation process.
(B) Symbolic implementation leads to the superficial effectiveness of internal party regulations.
Symbolic execution means that in the process of implementing laws and regulations within the party, the executors take formal measures such as making superficial articles, going through the motions, making text materials, etc., which are unrealistic and do not take operational implementation measures. Symbolic execution has the following three manifestations. First, the attitude is more high, the action is less, and the implementation is poor. The second is to replace "system implementation" with "system on the wall", and put the regulations on the table and hang them on the wall, that is, they have not entered the heart; Or use formal measures such as issuing notices, formulating implementation opinions, and holding meetings to implement party internal laws and regulations. Third, we should re-deploy and neglect implementation, replacing inspection with call and supervision with trust, failing to grasp and deal with problems when they are found, and failing to really implement inner-party laws and regulations in actual work. Symbolic execution only puts on the "coat" of execution and puts on the "banner" of execution, and its essence is non-execution. This will not only fail to give full play to the effectiveness and role of internal party laws and regulations, but also encourage the unhealthy trend of formalism and directly damage the achievements of strictly administering the party in an all-round way.
(C) selective implementation leads to partial effectiveness of internal party regulations
Selective execution means that when party organizations or cadres in party member implement the inner-party laws and regulations, they do not proceed from the original meaning of the laws and regulations, but unilaterally understand and take them out of context, and choose whether to implement the inner-party laws and regulations, the degree of leniency and the efficiency of implementation. First, the selection criteria are whether it is beneficial or not, and the part that is beneficial to itself will be actively implemented, and the part that is not beneficial or harmful to itself will not be implemented or delayed. Second, the selection criteria are difficulty. In the process of implementation, we should strive for stability, fear of chaos, fear of difficulties and annoyance, implement the parts that are easy to implement, and do not implement those that are difficult, have certain pressure or accountability risks. The third is to take the attitude of the higher level as the selection criterion, and implement those who attach importance to the leaders, grasp them tightly and have strict requirements, and do not implement or delay the implementation of those who attach low importance to the leaders or are general and routine. Selective execution will not only make the execution result distorted and out of expectation, but also make the people in party member misunderstand and be dissatisfied with the inner-party laws and regulations.
(D) Mechanical implementation leads to poor implementation of laws and regulations within the Party.
Mechanical enforcement means that we can’t accurately grasp the original meaning and original intention of inner-party laws and regulations, and focus on the literal meaning, which makes it difficult to achieve the goal of implementing inner-party laws and regulations. First, the implementation lacks flexibility. For example, according to the report of the Central Commission for Discipline Inspection, after the promulgation of the eight central regulations, there are fewer apparent violations, but new forms such as "breaking the whole into parts" and "operating from a distance" express gifts are emerging one after another. If we blindly dig into the provisions of laws and regulations, we will not be able to solve practical problems in time and effectively by comparing the literal meaning of internal party laws and regulations with the ever-changing reality. The second is the lack of innovation. In the implementation, the thought is conservative, the method is single, the change of objective environment or conditions is ignored, the concrete analysis is not combined with the actual specific problems, and the new methods and means of implementing laws and regulations are lacking. The third is the lack of accuracy. There is a deviation in understanding the objectives and connotations of the internal party regulations, and the research on the work of this department is not in-depth. It seems that it is strictly implemented according to the system, and the actual implementation results and requirements are "opposite".
Three, the main factors affecting the effectiveness of the implementation of laws and regulations within the party
(A) the rule of law literacy of the executive is the primary factor affecting the effectiveness of the implementation of laws and regulations within the party.
Some party member are not clear about the attribute, status and effectiveness of the inner-party laws and regulations, and lack of theoretical recognition of the inner-party laws and regulations. Some party member thinks that it is not illegal to violate the internal laws and regulations of the party, and regards the hard constraints of the internal laws and regulations of the party as "elastic ropes"; Some people don’t have a deep understanding of the important position of inner-party laws and regulations, and they don’t have a clear understanding of the relationship between inner-party laws and national laws. They don’t put the rule of law on the same important position as the rule of law. In particular, some cadres in party member have a strong idea of the rule of man, a weak concept of the rule of law, and are unwilling to be bound by party rules and regulations. Some are accustomed to following convention and relying on experience, preferring to deal with problems by policy means and administrative means instead of the rule of law, while others only pay attention to results rather than procedures, and like to "find relationships, go the door" and "handle special matters", which leads to discounts and flexibility in the implementation of inner-party regulations and affects the implementation effect of inner-party regulations.
(2) The low level of scientificalness and standardization of some laws and regulations is the core factor that affects the effectiveness of implementing laws and regulations within the Party.
Some inner-party laws and regulations emphasize principles over norms, and their contents are relatively empty and abstract, which are not closely integrated with the actual situation at the grassroots level. They only have qualitative provisions and no quantitative index requirements, and their operability is not strong. In terms of language expression, there are more requirements for political generalization, which is still far behind the requirements for standardized, concise and accurate expression of legal provisions. Secondly, there is the problem of emphasizing entity over procedure. The number of procedural laws and regulations within the party is small, the system is scattered, and it is not comprehensive enough. In the procedure of making inner-party laws and regulations, the ways and forms of promoting democracy are not diverse enough, the evaluation after implementation is not in place, and many laws and regulations have not been cleaned up and revised in time with the changes of the situation and the progress of the times. In addition, there are still problems of system shortage and insufficient supporting facilities. The basic and main laws and regulations in the four sections of the inner-party laws and regulations are not sufficient, and the contents of the laws and regulations concerning the work of party organizations are not perfect and the levels of laws and regulations are not balanced; The party’s leadership system is scattered in the relevant national laws and regulations, and has not formed an independent and complete system; The laws and regulations on the party’s organization and decision-making are still not perfect; There is no corresponding supporting system, and a complete, closed and effective institutional chain or system has not been formed.
(C) the implementation factor is the key factor affecting the effectiveness of the implementation of laws and regulations within the Party.
Some party organizations and party member cadres are not serious and strict in implementing the party’s internal laws and regulations, and there are superficial and perfunctory implementations. They feel that everything will be fine as long as they have completed the tasks set by their superiors, and they only want to get by, not too hard, which leads to the lack of due strength in implementing the norms within the party. There are many principles, morality and abstractness provisions in the inner-party regulations, and some standards are not clear enough, which leads to the failure to fully implement the requirements of the inner-party regulations. Some party organizations are simplistic and rude in implementing internal party laws and regulations, and only pay attention to the final effect or efficiency, and do not strictly follow the procedures, resulting in partial implementation deviation and wrong punishment.
(D) the supervision factor is an important factor affecting the effectiveness of the implementation of laws and regulations within the Party.
First, the supervisory role is not fully played and is not in place. Some localities and party organizations attach great importance to and neglect supervision, and supervision is not comprehensive and not in place; Supervisors at the same level have concerns, are unwilling to supervise and dare not supervise; The information of mass supervision is asymmetric and difficult to supervise; Problems such as insufficient audit supervision function exist to varying degrees. In addition, "petty officials are greedy", "flies" and "mosquitoes" have been investigated from time to time, which shows that there are also many "gaps" and "blind spots" in the supervision of grassroots party member cadres’ implementation of party laws and regulations. Second, the use of supervision means is not balanced enough. In the aspect of inner-party supervision, patrol inspection supervision means are widely used, but the supervision at the same level and the independent supervision of the unit are weak; Among the "four forms" of supervision and discipline, the intensity of interviews and letters is not strong enough. In terms of external supervision, there is a lack of effective institutional guarantee and means, and traditional methods such as letters from the masses and media exposure are mainly adopted. The exploration of using online social media, mobile APP and big data supervision is not enough, and the degree of mobilizing mass supervision is not wide enough and deep enough.
Four, improve the efficiency of the implementation of laws and regulations within the party’s countermeasures
(A) enhance the ideological consciousness of the implementation of laws and regulations within the party
The first is to clarify the positioning of the "law" in the party’s internal regulations from a theoretical perspective. Inner-party laws and regulations reflect a kind of standardized, orderly, clear and predictable relationship within the party, and are "soft laws" as an important supplement to national laws. As the ruling party, the Communist Party of China (CPC)’s regulation of inner-party affairs often involves state affairs, and the promulgation of inner-party laws and regulations often takes the form of a joint document issued by the party and the government, which also has a "spillover effect" on the management of related social affairs. Therefore, the theory of binding law with national willpower and compulsion is incompatible with the concrete practice of rule of law construction in China and the modern and diversified public governance model. Only by abandoning the theory of "painting the ground as a prison" and strengthening the theoretical recognition of the inner-party regulations can we enhance our ideological consciousness of implementing the inner-party regulations.
The second is to improve the rule of law literacy of cadres in party member from a practical perspective. Party member cadres’ thinking of ruling by law is the premise and foundation for ruling the party according to law and regulations. It is necessary to abandon the concept of rule by man and the idea of official standard, and firmly establish the concept that party constitution is supreme and party discipline and state law are supreme; Effectively enhance the awareness of rules, strengthen the education of party rules and national laws and warning education, and earnestly implement the rules, strictly enforce the rules, and investigate violations; Strengthen the sense of fairness and equality, get rid of the privileged thought and the "exception" psychology, and establish the orientation that everyone is equal before the law and there is no privilege before the system.
(B) to enhance the scientific formulation of laws and regulations within the Party.
First, focus on the "rule of law" and improve the procedures for formulating laws and regulations within the party. On the one hand, it is clear who will legislate, and the power of the party’s central organization, central departments and party committees of provinces, autonomous regions and municipalities directly under the Central Government to make rules, so as to reduce and avoid the phenomenon of unauthorized, ultra vires and repeated rules. On the other hand, it is necessary to clarify how to legislate, adhere to the concept of "open door legislation", conduct in-depth investigation and study in drafting internal party regulations, fully grasp the actual situation, conscientiously sum up history and practical experience, and fully listen to the opinions and suggestions of party organizations at all levels and the vast number of party member; After the formation of the draft regulations, it is necessary to solicit opinions extensively, especially to listen to the opinions of representatives of the party congress and relevant experts.
The second is to focus on "standardization" and improve the quality of legislation within the party. Strengthen the top-level design of inner-party laws and regulations, and scientifically construct the inner-party laws and regulations system. Further implement the relevant plans for the construction of laws and regulations within the party, coordinate the whole system of laws and regulations within the party according to the principles of complete system, scientific standardization and effective operation, and make plans to fill shortcomings and strengthen the foundation. Different kinds and levels of inner-party laws and regulations should coordinate with each other, and should be organically coordinated and connected with the Constitution and relevant state laws. As a kind of "law" in a broad sense, the inner-party regulations should have a functional structure similar to the state-made law. Therefore, it is necessary to learn from the experience of national legal text expression, balance the relationship between politics and law, abstraction and concreteness, and strive to formulate internal party laws and regulations with standardized expression, specific measures, clear direction and enhanced pertinence and operability. After the promulgation and implementation of the inner-party regulations, we should conscientiously implement the post-evaluation system, grasp the implementation effect of the regulations while urging the implementation of the inner-party regulations, and make necessary revisions and improvements in a timely manner.
(C) Strengthen the rigid constraints on the implementation of laws and regulations within the Party
The first is to implement the main responsibility. Strengthen the awareness of the main responsibility of managing the party, carry out regular study and education activities on inner-party laws and regulations in party organizations, formulate various systems and norms to implement inner-party laws and regulations in light of the actual situation, and guide party member cadres to consciously use their power according to the requirements of inner-party laws and regulations. The second is strict standard procedures. It is necessary to ensure that the implementation results are correct, but also to adhere to strict procedures to ensure that the implementation standards of laws and regulations within the party are not out of shape; If there are quantitative requirements in the Party’s internal laws and regulations, it is necessary to ensure that they meet the standards. If there are only qualitative requirements, they should be combined with the actual situation to form a code of conduct that can be controlled, operated, inspected and implemented in party member. The third is to improve the ability and level of implementation. It is necessary to combine the implementation of inner-party laws and regulations with the life of party organizations, education management in party member and other specific work, so that party member and the party organizations can understand "what to do" and "how to do it", and conduct tests through special inspections, observation competitions, experience exchanges and other forms, so as to enhance the ability and level of party organizations and party member in implementing inner-party laws and regulations.
(4) Strengthen supervision over the implementation of laws and regulations within the Party.
First, adhere to internal and external integration and improve the supervision system. On the one hand, give full play to the role of the Commission for Discipline Inspection as a specialized organ for inner-party supervision, do a good job in personnel integration and work coordination after the Commission for Discipline Inspection and the Supervisory Committee are co-located, ensure the integration of discipline and law, and promote the full coverage of supervision over the implementation of inner-party laws and regulations. Make good use of the "four forms" of supervision and discipline, and adopt different disposal methods and means in view of the nature and level of violation of inner-party laws and regulations. It is necessary to comprehensively improve the responsibility system of laws and regulations within the party, and use systematic thinking methods to comprehensively deal with specific problems in all aspects. On the other hand, we should vigorously strengthen external supervision, strengthen the openness of party affairs and government affairs, innovate the channels and methods of external supervision, give full play to the role of supervisory organs such as the National People’s Congress, the Chinese People’s Political Consultative Conference, the judiciary and auditing, and give full play to the power of media supervision and mass supervision to build a three-dimensional supervision system for inner-party laws and regulations.
The second is to adhere to the combination of upper and lower levels and smooth the channels of supervision. On the one hand, improve the linkage mechanism from top to bottom, deepen the application of results, and enhance the pertinence and effectiveness of patrol inspection; Give full play to the role of stationed "probe", strengthen the training and management of stationed cadres, give full play to the authority and advantages of "faction", make good use of patrol inspection and stationed supervision, and enhance the consciousness and initiative of implementing inner-party laws and regulations. On the other hand, we should give full play to the supervisory role of subordinates over superiors, guarantee party member’s right to know and supervise the implementation of the Party’s internal laws and regulations, conduct democratic appraisal on a regular basis, listen to opinions through the establishment of a supervision mailbox, the opening of a supervision platform, a hotline and other forms, or entrust a third-party institution or other professional structures to investigate and evaluate the implementation of relevant laws and regulations.
(Author: Department of Political Science and Law, Party School of Zibo Municipal Committee)
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