The first is the alternative implementation of "you have policies and I have countermeasures". That is, when there is a conflict of interest between the policy to be implemented and the organ or department in charge of implementation, it is possible for the executive organ to formulate implementation measures that are seemingly consistent with the public policy of the higher authorities but actually contrary to it, thus hindering the full implementation of the public policy. "If it is advantageous, it will be implemented, but if it is unfavorable, it will be deformed", which has seriously affected the image of the party and the country, greatly damaged the authority and seriousness of China's socialist policy, and harmed the interests of the country and the people.
The second is the selective implementation of "out of context, for our use". Some local governments and units filter the policy instructions or orders of their superiors and choose the terms that are "beneficial" to them. If it is in your own interest, it will be implemented. If it is not in their own interests, it will not be implemented. In the process of implementation, "the yellow light goes and the red light bypasses". Some units ignore the national interests and use policies from the standpoint of the interests of small groups, "taking them out of context for our own use", which greatly hinders the realization of higher-level goals. The third is to implement the "land policy" in an additional way. In the implementation of public policies, the executive departments often adopt some local policies for local interests, or attach some contents that are not in the original goal, which leads to inaccurate policy implementation and distorted policy. In particular, in some places, under the banner of combining local conditions and implementing superior policies, another set is set up for personal gain, which seriously hinders the strength and effect of policy implementation.
Fourth, the symbolic implementation of "Shun Yin Shun Yang". In the process of policy implementation, some units only make superficial remarks without specific measures, refuse to implement or symbolically implement the state's public policies, directly shelve the policies and make them a dead letter.
The fifth is the perfunctory implementation of "anticlimactic". The implementation of the policy should be determined, and the implementation should be completed. However, in reality, some departments and regions are hesitant, perfunctory, procrastinating and passively implementing the policies at higher levels, which makes it difficult for some policies to achieve the expected results in implementation, and sometimes even produces negative effects, causing great losses to the interests of the country and the people.
Sixth, the contradiction of "striving for power and profit" is implemented. In practical work, due to the unclear division of responsibilities between departments, sometimes some policies will be contradictory in the process of implementation because of the dispute of rights and interests between departments, and the red-headed documents or implementation documents between departments will compete with each other, resulting in many policies. "Women say that women are right, and men say that they are right." When a public policy is jointly implemented by several departments, sometimes there are two kinds of results, which make it difficult for the policy object to adapt and do not know which department to follow. A comprehensive analysis of the problems existing in the process of policy implementation, I personally think that the reasons for its formation are various, both subjective and objective; There are both external factors and policies themselves. Choose its important people, mainly the following points:
The first is interest-driven. In a certain sense, policy is the distribution and adjustment of interests, or it is the guidance and restraint of human behavior. As a result of policy implementation, some people will always benefit and some people will suffer. From the reality of policy implementation, principal and subordinate mainly embody three major conflicts of interest: the contradiction between central and local interests, the contradiction between departments, and the contradiction between individual and overall interests. In the process of policy implementation, some units and individuals often consider problems from local interests, departmental interests and personal interests when implementing policies; In the interest game, in order to pursue a larger share of local interests, departmental interests and personal interests, at the expense of national interests, other departmental interests and collective interests, policies are implemented in a disguised form, refused and passively, and the phenomenon of "policies above and countermeasures below" generally appears. At the expense of national interests, some places vigorously promote local protectionism and departmentalism in the process of policy implementation, implement local policies, and block economic interests; Some departments have resistance to the policy, and there are loopholes above, which will not be filled below; There is an error above, let's expand it below; The above policy is correct, but the following policy has not been done, and the policy has become a dead letter. Sometimes, for the sake of personal interests, some executors deliberately misinterpret the policy and do not actively implement it, which makes the policy implementation out of shape. For example, in the process of building a socialist market economy in China, in order to protect local interests, resources and markets are blocked, and raw materials are not allowed to be transported abroad, and foreign goods are not allowed to enter. There are many wars for resources such as "wool war", "cotton war" and "tobacco war", which disrupt the market order and hinder the orderly and effective implementation of relevant public policies.
The second is behavioral anomie. At present, China is in the transformation stage of the old and new systems, and the new system is still in the process of establishment, which leads to a "vacuum" in the code of conduct system, and the implementation mechanism and guarantee mechanism of public policies are not perfect, which is prone to implementation deviation and deformation. Influenced by the traditional code of conduct, some policy enforcement departments still follow the policy implementation mode in the planned economy era, lacking modern policy management concepts and methods, which makes many good policies not well implemented and often leads to anomie in policy implementation behavior. For example, the Jiahe incident in Hunan, whose government implementation concept-whoever influences Jiahe for a while, I will influence him for a lifetime-is a typical reflection.
Third, the quality is not high. Policy implementation depends on people. The quality of executors also directly affects the effect of policy implementation to a certain extent. Judging from the actual policy implementation process, the quality of executives in some localities and units is uneven, and some people even lack the necessary scientific and cultural knowledge, which will inevitably have an adverse impact on policy implementation. In particular, the quality of individual executives really dare not compliment. First, the education level is low. Second, business skills are weak. Third, poor professional ethics. It not only directly affects the effect of policy implementation, but also damages the image of the party and the government in the eyes of the people.
The fourth is policy defects. First of all, some policies are unscientific, incomplete and incompatible. In the process of policy formulation, there is often no good connection and matching between old and new policies, between macro-policies and micro-policies, between policies in political, economic and social fields and departments, and between big policies and their specific implementation rules, and a scientific and reasonable policy system has not been formed. On the one hand, it brings difficulties to policy implementation, on the other hand, it creates opportunities for executives to find countermeasures and exploit loopholes. Secondly, there are many political affairs. At present, there are many institutions, many departments, unclear responsibilities, multi-head decision-making, lack of effective communication and coordination, and often many policies and even contradictions. Faced with numerous and even contradictory policies, policy implementers have to adopt the "priority method": direct superiors take priority, and other leaders are behind; Economic supervision and leverage departments are the main ones, and other departments and even party and government organs are behind; The leaders assigned by individuals are preferred, and the collective names are followed. In this way, its policy execution will be greatly reduced.
Legal basis:
Administrative Compulsory Law of the People's Republic of China
Article 34 After an administrative organ makes an administrative decision according to law, if the party concerned fails to perform his obligations within the time limit decided by the administrative organ, the administrative organ with the power of administrative enforcement shall enforce it in accordance with the provisions of this Chapter.
Article 35 Before making a compulsory execution decision, the administrative organ shall urge the parties to fulfill their obligations first. Reminders shall be made in writing and shall include the following items:
(1) Time limit for performing obligations;
(two) the way to perform the obligations;
(three) involving monetary payment, there should be a clear amount and payment method;
(four) the representation and defend oneself enjoyed by the parties according to law.
Article 36 After receiving the reminder, the parties have the right to make statements and defend themselves. The administrative organ shall fully listen to the opinions of the parties and record and review the facts, reasons and evidence put forward by the parties. If the facts, reasons or evidence put forward by the parties are established, the administrative organ shall adopt them.
Article 37 If the party concerned fails to perform the administrative decision within the time limit after being urged, the administrative organ may make a compulsory enforcement decision without justifiable reasons.
The enforcement decision shall be made in writing, and the following items shall be specified:
(1) The name and address of the party concerned;
(two) the reasons and basis for enforcement;
(three) the way and time of enforcement;
(four) the way and time limit for applying for administrative reconsideration or bringing an administrative lawsuit;
(5) The name, seal and date of the administrative organ.
During the reminder period, if there is evidence to prove that there are signs of transferring or concealing property, the administrative organ may make a decision of immediate execution.
Thirty-eighth reminders and administrative law enforcement decisions shall be served directly on the parties. If the party refuses to accept it or cannot serve it directly, it shall be served in accordance with the relevant provisions of the Civil Procedure Law of People's Republic of China (PRC).
Article 39 In any of the following circumstances, execution shall be suspended:
(a) the parties to the administrative decision is really difficult or temporarily unable to perform;
(two) the third party's claim to the subject matter of execution is justified;
(three) the execution may cause irreparable losses, and the suspension of execution will not harm the public interest;
(four) other circumstances that the administrative organ deems it necessary to suspend the execution.
After the suspension of execution disappears, the administrative organ shall resume execution. If there is no obvious social harm and the party concerned is really unable to perform it, and the execution has not been resumed after three years of suspension, the administrative organ will no longer perform it.
Fortieth in any of the following circumstances, the execution shall be terminated:
(a) the death of a citizen, there is no inheritance for execution, and there is no obligation to inherit;
(2) The legal person or other organization is terminated, with no property to execute and no obligation to inherit;
(3) The subject matter of execution is lost;
(4) implementation according to law.