摘要: “党与政法”的关系涉及各政法部门、政法委员会和党委三方,不能将“党管政法”简化等同于政法委员会管理政法事务。实际上,政法委员会的职能定位,只是党委领导政法工作的助手和参谋。政法委员会虽然负责联系与指导各政法部门,但各政法部门也可以直接向党委请示报告工作。向党委请示报告的去向,可能是提交党委常委会讨论,也可能是报送分管政法的党委常委。而最后的处理意见,有时又会批转由政法委员会具体执行。从长期来看,改革的着力点应贯彻党政分开的原则,逐步废止党委、党委常委、政法委员会批示或讨论具体司法个案的做法。政法委员会可以与社会管理综合治理委员会做一定程度的职能分离,主要做务虚工作,侧重在思想和组织上保证党对政法工作的领导。
关键词:
“党管政法”,
政法委员会,
联合办案,
宏观指导,
案件协调
Abstract: In China, the relationship between Party and political and legal institutions includes three fields: political and legal departments, the Political and Legal Committee (PLC),and the Party Committee. The fact that Party manages the political and legal institutions can’t be simplified into that PLC manages the political and legal institutions. Actually, PLC is the assistant and staff of the Party Committee at all levels. PLC is in charge of contacting and directing each political and legal department, but each political and legal department also can directly ask for instructions from the Party Committee. One way is to submit to the Party Standing Committee, and the other is to submit to the member of the Party Standing Committee who also serves as the secretary of PLC. The final instructions may be transferred to PLC to enforce. In the future, according to the principle of separation of the Party and administration, the party Committee, the secretary of PLC and PLC should cease to instruct or discuss the judicial cases. PLC can separate the functions with the Committee for Comprehensive Social Management. PLC should do more macro jobs, so that it can ensure the Party leads the political and legal institutions organizationally and ideologically.
Key words:
Party Governing Politics and Law,
The Political and Legal Committee,
Handle the Cases by Teamwork,
Macro-direct,
Coordination of Cases
侯猛. “党与政法”关系的展开
——以政法委员会为研究中心[J]. 法学家, 2013(2): 1-15.
HOU Meng. The Relationship between Party and Political and Legal Institutions: Focusing Research on the Political and Legal Committee[J]. , 2013(2): 1-15.