The Theoretical Exploration and Reinterpretation of the Party Discipline Being Stricter Than the National Law under the Radiating Effect of Party Discipline—From the Perspective of Self-restraint Theory
The radiating effect of Party discipline refers to the phenomenon of taking Party discipline as a standard to restrain public officials who are non-Party members.With the continuous enhancement of the Party's leadership,the Party discipline and the national law have developed from relative separation to mutual integration within the rule of law system,especially in the area of Party governance,Party discipline not only restrains members within the Party organization,but also has substantially binding force on public officials who are non-Party members.The"Theory of Special Power Relationship",the"Theory of the Progressiveness of the Proletariat Party"and the"Theory of Fundamental Rights Waiver"which are the theoretical basis for the legitimacy of Party discipline being stricter than the national law implicitly have preset the value that the Party discipline is only applicable to relationships within the Party,and can no longer serve as the theoretical support for the Party discipline being stricter than national law under the radiating effect of the Party discipline.This has led to the necessity of exploring and reinterpreting the theories concerning legitimacy of Party discipline being stricter than the national law.The Communist Party of China as the governing Party has the authority to set a unified code of conduct for all governing subjects to ensure the integrity of the political power,thus achieving the goal of the Party and the nation of"realizing the great rejuvenation of the Chinese nation".It is advisable to draw on the self-restraint theory in public law,take the consistency between the goals of the Party and the nation as the premise,and regard self-restraint as an extension of the Party's self-revolution to the area of governance,in order to prove the legitimacy of Party discipline being stricter than the national law under the radiating effect of Party discipline.At the same time,the restraint of Party discipline on public officials who are non-party members should be limited to the area of Party governance and need be reviewed on basis of the principle of proportionality.
the Party's Discipline Being Stricter than the National LawEffective RadiationSelf-revolutionSelf-restraintthe Principle of Proportionality
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