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| 文章编号：1672-3104(2016)04-0039-08 |
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党风廉政建设“两个责任”制度的法治解读与完善建议 |
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蒋建湘，蒋清华 |
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（中南大学法学院，湖南长沙，410083） |
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| 摘 要： 党风廉政建设党委负主体责任、纪委负监督责任并严肃问责的制度设计，体现了权力制约、刚性责任、可预期等法治逻辑，既是从严治党的必由之路、依法执政的重要环节，也是依法治国的重要内容。两年多来，“两个责任”制度的实践呈现出责任清单化、问责渐趋常态化的特征。在强调依法治国、依规治党的背景下，应以法治思维和法治方式来不断完善“两个责任”制度，主要有：责任内容应进一步细化；同级党委纪委的责任内容应统一；制度文件应向上级备案，并主动公开，及时修订；加强文件执行的解释工作；问责制度化；建立问责案例指导制度；扩大问责公开力度等。 |
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| 关键词： 主体责任；监督责任；党风廉政；法治；问责 |
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Interpretation and bettering suggestion of rule of law in the system of the Two Responsibilities for Party work style and clean politics |
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JIANG Jianxiang, JIANG Qinghua |
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（School of Law, Central South University, Changsha 410083, China） |
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| Abstract: The system with the Party Committee of Party work style and clean administration bearing the subject responsibility and with Discipline Inspection Commission bearing the supervision and accoutability responsibility (short for Two Responsibilities), is designed to embody such features as power restriction, rigid reliability and predictability which are contained in the logic of rule of law. This is the necessary way to ruling the Party by strictness and administering politics by law as well as the major content in governing the country by law. For more than two years, the practice of Two Responsibilities has been characterized as a trend of listing responsibilities and as normality. In the context of emphasizing governing the country by law and administering the Party by discipline, both Chinese government and Chinese Communist Party should perfect unceasingly the system of the Two Responsibilities with legal thinking and in the legal way. For example, the contents of the responsibilities should be further specified; the powers and liabilities of the Communist Party and its discipline commission at the same level should be integrated; relevant documents should be recorded and reported to their superiors, be released voluntarily and revised timely; the interpretation of executing regulations should be enforced; reliabilities and responsibilities should be institutionalized; a case-guided system should be established. And finally the level of publicizing accountabilities should be broadened. |
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Key words: subject responsibility; supervision responsibility; Party work style and clean administration; rule of law; accountability |
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