论党委政法委员会之改革

发布时间：2018-11-01 18:44

【摘要】：党委政法委员会(政法小组)制度原本是一个党内的"智库"性质的机构,在1958年开始的党政不分的人治潮流中,它逐渐发展成为一个不受宪法约束、不受正当程序约束的事实上的审判机构,它是极端人治体制的产物与组成部分,对中国人民构成了极大的伤害,最终也在文化大革命中毁灭了自身。改革开放以后,中共中央废止了政法委员会制度下的党委审批案件制度,但是,由于复杂的原因,1988年党中央撤销政法委员会的努力至今没有完成。政法委员会在党委外形成一个中心,不利于党的领导。政法委员会制度与宪法规定的公检法三家分工制约的宪政体系格格不入,对司法公正构成根本性的伤害。因此,要完成建设社会主义法治国家的历史任务,废除政法委员会势在必行。
[Abstract]:The party committee (political and legal group) system was originally a "think-tank" organization within the Party. In the trend of ruling by people without distinction between the party and the government, it gradually developed into an institution that was not bound by the Constitution. The de facto judicial institution, which is not bound by due process, is the product and component of the extreme rule of man system, which has done great harm to the Chinese people and destroyed itself in the Cultural Revolution. After the reform and opening up, the CPC Central Committee abolished the examination and approval system of the Party committee under the system of the political and legal Commission. However, due to complicated reasons, the efforts of the CPC Central Committee to abolish the political and legal Commission in 1988 have not yet been completed. The political and legal Commission forms a center outside the Party Committee, which is not conducive to the leadership of the Party. The system of the political and legal committee is incompatible with the constitutional system which is restricted by the division of labor between the public security bureau, the procuratorate and the court, and it is a fundamental harm to the judicial justice. Therefore, to complete the historical task of building a socialist country ruled by law, it is imperative to abolish the political and legal Commission.
【作者单位】：苏州大学王健法学院;
【分类号】：D926

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