Jurisprudential Interpretation of and Approaches to“Coherence between Discipline and Law”in Supervision System Reform(PDF)
《南京师大学报》（社会科学版）[ISSN:1006-6977/CN:61-1281/TN]
- Issue:
- 2020年01期
- Page:
- 120-130
- Research Field:
- 法学：深化国家监察体制改革研究专题
- Publishing date:
Info
- Title:
- Jurisprudential Interpretation of and Approaches to“Coherence between Discipline and Law”in Supervision System Reform
- Author(s):
- XIA Wei
- Keywords:
- supervision system reform; coherence between discipline and law; lawbased anticorruption; systematization of rules
- PACS:
- -
- DOI:
- -
- Abstract:
- Taking supervision system reform as the milestone, the relationship between party discipline and national law has undergone the change from “separation between discipline and law” to “coherence between discipline and law”. The anticorruption based on rule of law cannot only rely on the national law itself, because the absence of law means the lack of timely corruption prevention and incompleteness in corruption governance. The open structure of the law has laid a jurisprudential foundation for the acceptance of the party discipline in the national law, which will jointly contribute to the lawbased anticorruption practice. Under the premise of adhering to the concept of lawbased anticorruption, making full use of the advantages of the party discipline resources accumulated in the process of anticorruption practice and promoting the “coherence between discipline and law” are the important objectives for us to achieve in the stage of comprehensively deepening supervision system reform. In the sense of lawbased anticorruption, the party discipline cannot compare with the national law. Therefore, it is false to emphasize that “party discipline is superior to national law” or that “national law is superior to party discipline”. In order to give full play to the functions of both the party discipline and the national law in the lawbased anticorruption, we must take them both as the basic materials to build systematic anticorruption rules based on rule of law.
Last Update: 2020-02-15