纪法衔接理念重释与机制重塑  

Reinterpretation of the Philosophy of Connectivity between Party Discipline and General Laws and the Remolding of Mechanism

作　　者：黄小龙 HUANG Xiaolong(School of Law,Xiangtan University,Xiangtan 411105,Hunan,China)

机构地区：[1]湘潭大学法学院,湖南湘潭411105

出　　处：《昆明理工大学学报（社会科学版）》2020年第2期8-16,共9页Journal of Kunming University of Science and Technology(Social Sciences)

基　　金：湖南省哲学社会科学基金项目“监察人身调查措施立法缺陷与完善研究”(XSP19YBZ002)。

摘　　要："纪严于法、纪在法前"原则是纪法衔接的基本政治安排,理论界和实务部门对此原则多有不同的理解,并形成了"纪在法前""纪在法后""纪法并行"等多种不同的纪法衔接模式。从目前理论研究和实践安排来看,学者和执纪执法实践逐步趋向于"纪在法前"的衔接模式,但该模式潜藏纪检监察"重复劳动"以及纪法处置结果冲突等弊端。对于该原则的真意探求,应当分别从"四个意识"的政治站位高度、"破纪"先"破法"的纪法潜在逻辑、社会主义法治体系建设的目的预期三个维度予以把握。纪法衔接理念层面应当贯彻从严治党的政治遵循和法律优先的法治理念;机制层面则宜从监督、调查、处置三项权能属性出发,构建相应的纪法衔接模式。The principle that the Party Discipline is stricter than the general laws and should be conducted prior to the general laws is the basic political arrangement of the connectivity between the Party Discipline and the general laws. However,the theoretical circles and executive departments have interpreted this principle from different perspectives,and formed a variety of different modes for the connectivity between the Party Discipline and the general laws. For example,some hold that the Party Discipline should be conducted prior to the general laws while others maintain that the Party Discipline should be conducted posterior to the general laws;Still others believe that the Party Discipline and the general laws should be carried out concurrently without coming into conflict. Seen from the theoretical research results and practical conducts,the scholars and the executors of the principle have tended to agree on the mode that the Party Discipline should be conducted prior to the general laws. However,this mode has displayed the hidden drawbacks of "repeated labor"of discipline inspection and supervision,and conflicts between the consequences of disciplinary disposals and legal disposals. We can only grasp the true sense of this principle from three dimensions: first of all,we should take a highly political attitude and position toward the "Four Consciousnesses",that is,being always conscious of political correctness,of the broader picture,of the core leadership,and of staying aligned with the core;secondly,we should grasp the logical relations between "breaking the Party Discipline"and "breaking the laws";and thirdly we should aim at building a socialist legal system. In terms of the conceptual philosophy of the connectivity between the Party Discipline and the general laws,the political compliance of strict party governance should be implemented concurrently with the concept of the rule of law that priority is given to the general laws should be enhanced. In terms of the mechanism remodeling,the corresponding mode

关 键 词：纪法衔接 从严治党 法律优先 理念重释 机制重塑 

分 类 号：D630.9[政治法律—政治学]