行政機關黨組制與首長制關係的規範解釋

我國憲法、組織法規定了含有合議制因素的行政首長負責制，但首長擁有最終決定權。根據黨組工作條例，行政機關黨組全面履行領導責任涵蓋首長職權範圍，並以表決方式由黨組成員集體討論決定，對此需作出同國法一致的解釋。從黨規體系解釋來看，黨組發揮領導作用不包括“作決策”，黨組與首長之間的關係不是公立高校、醫院這類事業單位黨委與首長之間的橫向分權關係，“黨組領導下的首長負責制”沒有制度依據。目的解釋表明，黨組工作條例不具有讓黨組取代首長法定職權，或者與首長分權而徑行重大事項決策權之目的。行政機關黨組集體領導重大業務工作的法治功能在於將首長負責制內含的合議程序剛性化，以加強對首長權力的制約，體現了黨規對國法的保障。黨組會議應前置於行政領導班子會議，二者決策內容各有側重。如此解釋和操作，可達致党的全面領導和依法執政有機統一。

According to the Constitution and the organizational laws of China, the collegiate system is embedded in the administrative leader responsibility system, whereas the administrative leader has the power to make the final decision. Meanwhile, in accordance with the Regulations of CPC Leading Group, the Party leading group in national administrative organs plays the full role of leadership, including the functions and powers of the administrative leader, through collective discussion and voting. Therefore, it is necessary to make an interpretation consistent with the national law. In applying the systematic interpretative method, ''making decisions'' is not included in the leading role of the Party leading group. The relationship between the Party leading group and the administrative leader is not horizontal division of powers, which describes the relationship between the Party committee and the head of public institutions such as public universities and public hospitals. Hence, there is no institutional foundation of ''the head responsibility system under the leadership of the Party leading group''. From the perspective of purposive interpretation, the purpose of the Regulations of CPC Leading Group is neither to replace the legal authority of the administrative leader by the Party leading group, nor to separate the decision-making power with the administrative leader. The legal function of the Party leading group collective leadership of the administrative organs in major business is to entrench the collegiate procedure within the administrative leader responsibility system, so as to tighten the restraint on and supervision over the power of the administrative leader. This promotes the implementation of the Party regulations to the national law. With varied emphases, the Party leading group meeting should be a prepositive procedure of the administrative leading meeting. Only under this interpretation can the unity of the overall leadership by the Party and the governing by law be achieved.