The Rule of Law Logic and Institutional Optimization of Guiding Cases of Discipline and Law Enforcement
The guiding function of guiding cases of discipline and law enforcement mainly involve three dimensions,including limited interpretation of disciplinary inspection and supervision norms under explanatory guidance,promotion of horizontal and vertical unity and integration of discipline and law under unified guidance,and self-restraint of disciplinary inspection and supervision discretion under self-control guidance.Correspondingly,the rule of law logic of guiding cases of discipline and law enforcement is mainly reflected in their interpretive content,referential effectiveness,and dependent application.At the content level,they shall not conflict with relevant rules or exceed specific application rules,and at the same time,it is different from the interpretation of the disciplinary supervision in the interpretation authority;From the perspective of effectiveness,"shall refer to"corresponds to conditional application and no right to review;In terms of application,these cases cannot be directly or independently used as a basis for discipline and law enforcement.In the future,in order to promote the development of guiding cases system of discipline and law enforcement on the track of the rule of law,it is necessary to further strengthen its legitimacy basis,promote its integration into the written legal system,and accelerate its institutionalized and standardized construction.
guiding cases of discipline and law enforcementcase guidance systemguidance functionrule of law logicinstitutional optimization
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