摘要
德国将政党纳入宪法规定之中,用法律制度保障并规范政党行为,使政党政治呈现出规范化、法制化的特征。其将司法程序与原则用于解决政党内部争议、处理政党纪律问题,创建了党内仲裁制度以执行政党纪律,从而形成了具有德国特色的国家法律与党纪党规之关系。这对于我国处理依法治国与依规治党的关系具有一定的借鉴意义。
After the World War II, Germany has included political parties into the regulation of German Constitution, the Grundgesetz, to guarantee and regulate the behavior of political parties. As a result, party politics in Germany has enjoyed the feature of being regulated and legalized. The judicial principles and procedures have been used in dealing with inner party disputes and disciplinary issues, and an Inner Party Arbitration system was established to implement party disciplines. Therefore, a special relationship between national laws and party disciplines with German characteristics was established, which can provide some valuable lessons for China when dealing with the relationship between the law-based governance of the country and the regulation-based governance of the Party.
出处
《中共中央党校学报》
CSSCI
北大核心
2015年第3期24-29,共6页
Journal of The Party School of The Central Committee of The C.T.C
关键词
国家法律
政党纪律
政党法制
党内仲裁
National Laws, Party Disciplines, Party Law, Political Party Arbitration
