论中国反腐败制度体系中党内法规与刑事法律的关系

On the Relationship between the Intra-Party Laws and Criminal Law in China’s Anti-corruption System

The Intra-party laws and criminal laws are the two basic system norms that our anti-corruption struggle must rely on. In the course of pushing forward the fight against corruption, our country not only pays attention to the construction of laws and regulations within the Party, but also attaches importance to the construction of national criminal law. There are obvious differences between the function of intra-party laws and criminal laws in anti-corruption, the former focuses on the function of“Prevention”, while the latter focuses on the function of“Governance”. This functional difference determines that the two have their respective fields of function in the corruption governance of our country, and the relationship between them must be properly handled.

党内法规与刑事法律是我国反腐败斗争必须依仗的两种基本制度规范。我国在推进反腐败斗争进程中既关注党内法规制度建设，也重视国家刑事法律建设。党内法规与刑事法律在反腐败方面的功能存在着明显差异，前者重在发挥“防”的作用，而后者则重在发挥“治”的作用。这一功能差异决定了两者在我国腐败治理中有着各自发挥作用的场域，必须正确处理两者之间的关系。