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文本意义上,党章与宪法分属不同规范体系,党章为全体党员的根本章程而宪法为全国各族人民的根本大法。调整党员内部关系是党章的本分,调整国家与公民之间的社会关系是宪法的本分。政治意义上,党章与宪法密不可分,二者的关系彰显着中国共产党执政权的合法性问题。人民主权理论是党章与宪法的政治契合,党章总纲与宪法序言是党章与宪法的文本契合。党章与宪法的契合途径表现为:党的活动必须立于宪法框架内;宪法的制订与修改须体现党章蕴含的政治价值与理念。
In the sense of text, the Constitution of the Party and the Constitution belong to different normative systems. The Constitution of the Party is the fundamental constitution of all Party members and the Constitution is the fundamental law of the people of all nationalities in the country. It is the duty of the Constitution to adjust the internal relations among the party members as the duty of the party constitution and to adjust the social relations between the state and the citizens. In the political sense, the party constitution and the constitution are inseparable, and the relationship between the two shows the legitimacy of the ruling power of the Communist Party of China. The theory of the people’s sovereignty is the political conjunction of the constitution of the party and the constitution. The general outline of the party constitution and the preamble of the constitution are the textual agreements of the party constitution and the constitution. The line between the party constitution and the constitution shows as follows: the party’s activities must be within the constitutional framework; and the formulation and amendment of the constitution must embody the political values and concepts contained in the party constitution.