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全面依法治国是新中国成立以来第一次以中央全会的形式做出的战略决策。落实全面依法治国方略的重要一环是正确认识和处理好政策和法律的关系。在实践中,政策与法律关系若处理不当,容易出现“红头文件”过多、过滥,“文大于法”等不正常现象。本文从制定主体、制定过程、制定客体三个方面对政策与法律进行了具体的比较分析,得出在全面依法治国背景下,正确处理政策和法律关系的关键在于完善党委决策机制的结论。
The full administration of the country according to law is the strategic decision made in the form of a central plenum for the first time since the founding of People’s Republic of China. An important part of implementing the comprehensive strategy of running the country according to law is to correctly understand and handle the relationship between policies and laws. In practice, if the relationship between policy and law is not properly handled, it is easy for irregularities such as “red tape”, excessive writing, excessive writing, and “greater than legal writing”. This article makes a concrete comparative analysis of policy and law from the following three aspects: making subject, setting process and making object, and concludes that the key to correctly handle the relationship between policy and law lies in improving the decision-making mechanism of party committees.