Journal of Jishou University(Social Sciences Edition) ›› 2025, Vol. 46 ›› Issue (6): 105-115.DOI: 10.13438/j.cnki.jdxb.2025.06.011

• Political science • Previous Articles     Next Articles

Constitutional Logic for Applying the Law-Based Reservation Principle to Party Regulations

ZHANG Xiaoyu   

  1. (Academy of Discipline Inspection and Supervision,East China University of Political Science and Law,Shanghai 200042,China)
  • Online:2025-11-01 Published:2025-12-05

Abstract: Clarifying the constitutional logic for applying the law-based reservation principle to Party Regulations is crucial for understanding the relationship between Party Regulations and the Constitution.The law-based reservation principle represents a constitutional mandate authorizing state legislation,while Party Regulations serve as an important institutional vehicle for ensuring Constitution implementation.The application of this principle to Party Regulations has a clear constitutional basis,manifested through Party Regulations giving effect to the Constitution.Guided by the values of democracy and rule of law,the constitutional foundation for applying this principle to Party Regulations is reflected in constitutional principles.Its objective basis lies in the"dual representation system of the Party and people's congresses and their parallel legal frameworks" inherent in the people's sovereignty principle.The institutional objective aligns with "safeguarding the unity of the socialist rule of law" under the legal unity principle.The fundamental basis rests on the constitutional requirement that "the Party must act within the limits of the Constitution and the law".Regarding constitutional supervision,differences in the nature,basis,and operational logic between the power to formulate Party Regulations and the state's exclusive legislative power determine that constitutional supervision by the NPC and its Standing Committee should not involve direct regulation.Accordingly,while upholding Party leadership and the people's congress system,it is essential to leverage the indirect constitutional supervision functions of internal Party regulatory mechanisms—including pre-enactment review,record-based review for legality,and coordinated linkage mechanisms—to ensure Constitution implementation.Furthermore,establishing a consultation system for reviewing the constitutionality and legality of Party Regulations should be explored.

Key words: Party Regulations, law-based reservation, Constitution implementation, constitutional supervision, record-based review

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