First, it is of great significance to promote grassroots administration according to law.
Grass-roots governments in cities, counties and townships are all in the front line of government work and shoulder the responsibilities of economic, political, cultural and social management. Directly facing the masses, various interests and social contradictions, whether it can be administered according to law will not only affect the image of the government, but also affect the vital interests of the masses and social harmony and stability. The decision of the Fourth Plenary Session of the 18th CPC Central Committee put forward new requirements for governing the country according to law and pointed out a new direction. Building a high degree of socialist democracy is an essential requirement of China's socialist system and an important task of modernization. According to China's Constitution, all the power of the state belongs to the people, and citizens enjoy a wide range of democratic rights and freedoms such as managing state affairs and social affairs. To some extent, the realization of people's democratic rights depends on the perfection and effective operation of the administrative law system. Administrative law not only guarantees citizens' right to supervise state administrative organs and their staff by creating administrative openness system, administrative responsibility system and provisions on administrative systems such as reporting, exposing, accusing, appealing and letters and visits. Establishing a fair, just, open, efficient and clean government is the hope of the broad masses of people and the requirement of the times.
Due to the influence of China's feudal autocratic system, the lack of rule of law tradition, the improper strengthening of administrative power under the system, the almost omnipresent and omnipotent administrative power, and the serious problem of irregular government behavior, these phenomena have seriously restricted the development of China's socialist market economy and the construction of socialist democracy and legal system. Therefore, we should strengthen the construction of administrative legal system, and the goal of administrative legal system construction is to administer according to law and strictly administer according to law. This is of great significance for building a socialist country ruled by law and promoting the all-round development of national politics, economy and culture.
Second, the current main problems and analysis
(a) in some administrative units, especially at the grassroots level, the awareness of administration according to law has not been firmly established. The staff of some administrative organs, especially leading cadres, have vague and even wrong understandings and practices about what administration according to law is, why administration according to law, and how to administer according to law. In the eyes of some grass-roots units, achieving goals is more important than means, completing tasks is more important than methods, and seeing results is more important than procedures. They regard the rule of law as one of the ways to accomplish their mission objectives, and choose "law enforcement", which is useful and hinders, or does not change. In the grass-roots government, the chief executive is often serious, accustomed to the traditional way of thinking and working methods, ignoring legal means and case handling, ignoring systematic management and coordinated solution, patting his head when encountering problems, patting his chest when making decisions, and patting his ass when problems arise, leading to decision-making mistakes, irresponsibility or shirking responsibility. Some cadres only consider where their promotion rights are, who should see what they are doing and how to make their career more smooth. Therefore, there are often phenomena of being superior to others, being afraid of being superior to others, taking power as the foundation, and being afraid of power. They only pay attention to the speeches and instructions of superior leaders, ignoring the normative and guiding role of laws, resulting in a low level of administrative law enforcement; Some muddle along, don't think about making progress, implement meetings by meetings, implement documents by documents, formulate policies and deploy work divorced from reality, which leads to the lack of specific and practical content of administration according to law.
(two) the grass-roots government administrative system according to law needs to be improved, systematic and smooth. At present, the competent department of administration according to law in China is the legal institution of governments at all levels, which undertakes the important responsibility of formulating and organizing the implementation of the work plan of administration according to law. Practice has proved that where the government's legal institutions are sound, administration according to law will be better and the development of social and economic undertakings will be smoother. At present, the system of administration according to law in China does not meet the requirements of administration according to law. From the perspective of institutional setup, the government's legal institutions are set at the national, provincial, municipal and county levels, and there are no specialized institutions at the township level. This situation will inevitably affect the development of grass-roots administration according to law. The internal personnel structure of government legal institutions is not reasonable. From the perspective of knowledge structure, at present, some staff of government legal institutions are transferred from administrative posts, and they have not received systematic and professional legal education and study, so they cannot fully adapt to the requirements of administration according to law in terms of legal theory, legal concepts and legal knowledge. At present, the pace of building the rule of law is accelerating, and new laws and regulations are constantly being introduced. Many government rule of law personnel are not trained by regular classes, and the turnover of personnel is relatively large. When they receive training, they often deal with things, which leads to the low level of rule of law in the government's rule of law institutions. The legal work of the government is a department that some grass-roots governments have to set up. When carrying out general work, it is often influenced by the local "overall development situation" and serves the local "overall development situation". It only has the right to "suggest" and has no direct handling right to law enforcement personnel, which seriously affects the supervision effect and the authority of government legal institutions and has a negative impact on administration according to law. This has caused the legal review of documents, the legitimacy of institutions and the legitimacy and intensity of law enforcement to be indeed or sometimes offside.
(3) The problem of illegal administration is outstanding. Administrative law enforcement is the most important function of administrative organs and an important means for administrative organs to perform social management functions. Whether laws and regulations can play a role in real life ultimately depends on administrative law enforcement. At the same time, law enforcement activities are social-oriented activities, targeting citizens and various groups in society. Therefore, administrative law enforcement activities directly affect the rights and obligations of citizens, legal persons and other organizations. People often know and evaluate the government through administrative law enforcement, and whether the administrative law enforcement is fair and honest is directly related to the prestige of the government and the authority of the law. At present, there are too many administrative law enforcement teams in some places; Decentralization of administrative law enforcement; The subject of law enforcement is unqualified; The functions of departments overlap, the functions are unclear, the law enforcement is repeated, and the phenomenon of multiple law enforcement is serious. Even after an illegal case appeared, several units scrambled for a fine, and whoever punished first. At present, one of the sources of funds for some grass-roots law enforcement teams is fines and fees. The more fines, the more money collected and the more money refunded, so that administrative law enforcement is directly linked to the vital interests of law enforcers. Even in some traffic control departments, fines are not issued, and the whereabouts of fines are in doubt. At the grassroots level, people often hear the words "charge ... money, not bills ... money." There is often a big gap, and most of the fined objects choose not to issue invoices, which promotes the spread of illegal administration and causes a serious deviation between law enforcement behavior and law enforcement purposes. Law enforcement is a fine and law enforcement is a fee, which has become the "criterion" for individual law enforcement personnel. Some departments have competitive advantages, not interests, jurisdiction, rights, fines and expenses. Law enforcement procedures are "arbitrary" in some places. In the process of implementing administrative punishment, some did not fulfill the obligation of prior notification, depriving the relative person of administrative law enforcement of the right to defend themselves; Some do not inform the relative person of administrative law enforcement of the way to obtain legal relief, depriving the relative person of administrative law enforcement of their legal rights; Some reverse the procedure, first fine and then qualitative; Some people should apply ordinary procedures, but they apply summary procedures, and those who apply summary procedures apply ordinary procedures. The quality of grassroots law enforcement personnel is generally low. Judging from the cultural quality, the number of grassroots law enforcement officers with higher education is low. Most law enforcement officers have not received professional education and training in law, and usually attend several legal trainings. They lack the necessary legal quality for administrative law enforcement. There is a phenomenon that should be concerned at the grassroots level: many government law enforcement officers generally only know the functions of the units that are closely related to them, but little is known about the functions of the units that are far away. Some people can't even tell the nature and function of NPC and CPPCC, and they don't know what the Constitution does. For some law-related cases, they don't even know which judicial organ to go to. This can't be said. Grassroots cadres often tell the masses what they preach, but only as a general task. Today, with the overall promotion of the construction of China ruled by law and the increasing awareness of the rule of law among the masses, it has been unable to adapt to the development of society.
Three. Relevant countermeasures and suggestions
(a) to strengthen the publicity and education of administrative legal system. Without education, there will be no change in thinking, and without change in thinking, there will be no improvement in behavior. First of all, it is necessary to strengthen the publicity and education of administrative staff, especially grassroots leading cadres, and urge them to change their ideas. Starting from the general trend of the times, the party's principles and policies, and positive and negative examples, we should eliminate the influence of official standard and privileged thoughts, and correctly understand and handle the relationship between "rule of man" and "rule of law", the relationship between power and law, the relationship between rule of law and reform, and the relationship between rule of law and development. Firmly establish the concept that legal authority is supreme, law is greater than power, power obeys law, there is no great development without the rule of law, and violation of the concept of the rule of law will be punished. Only in this way can administration according to law and strict law enforcement have a solid foundation. On the other hand, we should continue to do a good job in popularizing the law for the people. In some grass-roots governments, popularization of law is regarded as a necessary task, and posting a few slogans and giving a lecture at school is regarded as the result of popularization of law. They are unwilling and unwilling to carry out this activity like spending money. Even some grassroots leading cadres believe that the higher the people's awareness of the rule of law, the more difficult it is for them to manage themselves. They are used to the backward "rule by man", and this area is my world. I'm talking about rules, and I mean what I say. Once the rule of law is strengthened, their behavior will be restrained, their interests will be restricted, and their status as athletes and referees will be shaken, so they secretly resist the activities of popularizing the law. As we all know, the purpose of the legal popularization movement is to better administer according to law, and to educate the people about the legal system for the sake of economic and social development, so that the people not only know the law, but also should be familiar with and master the legal system, enhance their awareness and ability to consciously use legal weapons to protect their legitimate rights and interests, help correct the illegal or non-compliance behavior of grass-roots governments, and make administrative management more scientific and reasonable. It is necessary to innovate the nature of law popularization, change the "static" law popularization centered on "teaching" into "dynamic" law popularization, and pay attention to interest and practicality in form and thought, so that the masses can gradually have the spirit of rule of law and improve the cultural atmosphere of social rule of law.
(two) to further strengthen the government's legal institutions and team building. Efforts should be made to change the "inverted triangle" working system and strengthen the construction of legal institutions of grass-roots governments. The establishment of the legal institution of the township-level government or the abstract and concrete important administrative actions of the township-level government must be examined by the legal department at a higher level to form a perfect system of administration according to law. At the same time, the legal institutions of the prefecture, city and county governments should be further strengthened, so that the legal institutions of the prefecture, city and county can reach a certain scale, and the "inverted triangle" will become an "inverted trapezoid" and then develop into a "positive trapezoid", providing sufficient organizational guarantee for the grass-roots administration according to law. At the same time, the legal departments of the municipal and county governments should be relatively independent. As a department of this unit, it is difficult to effectively supervise the government with higher level and greater power than itself, which is the source of employment. Therefore, it is suggested to improve the status and authority of the legal departments at the city and county levels, and hand over the money or at least the business to the NPC or the government at the next higher level for management. Before the promulgation of important administrative acts and normative documents, the opinions of the legal department should be taken as one of the effective elements. The legal department that raises an objection to the legal department but is still implemented by the government should not bear the responsibility, and the relevant person in charge of the government, the signatory and the person in charge of the legal department should bear the responsibility and set a reasonable investigation period. Let the legal department no longer be a dispensable department, and effectively strengthen its functions and responsibilities.
Strengthen the professional training of government legal workers and improve their professional level. Many people think that the legal work team of the government does not need special vocational training and professional knowledge, but is only a part of the government staff. As long as they are politically reliable and obey the organizational transfer and work arrangement, they can be competent, unlike judges, prosecutors and other legal workers who have legal access standards. This neglect of the professional characteristics of government legal staff leads to the equality of post requirements between government legal staff and ordinary government staff. On the other hand, because there is no "threshold" and professional orientation, the society lacks understanding of the government's legal work. In fact, the work content of government legal staff is more demanding and professional than that of ordinary civil servants. This professional group must be consistent with the legal theoretical knowledge, legal thinking and legal work ability obtained through systematic learning. It is suggested to establish an access system for legal staff of the government, adhere to the principle of "every entry must be tested", set a threshold for qualified regional judicial practitioners, provide them with good working and living conditions, make them the main force to comprehensively promote administration according to law and the business backbone of the government's legal work, and strive to become excellent and qualified legal consultants, staff officers and assistants of government leaders.
Through various means to enhance the independence of legal personnel, government legal personnel, as members of the administrative organs, naturally obey the leadership of the administrative organs. As an important legal work, the first requirement in specific work is to be responsible for the law. Generally speaking, this is also in line with the wishes of the chief executive. However, under special circumstances, even if the action in charge of the law goes against the personal wishes of individual executive heads, executive heads should not illegally interfere with the independence of government legal staff or change their positions at will. Therefore, it is necessary to ensure the good quality, professional stability and professionalism of government legal staff through various systems. Government leaders should vigorously support government legal institutions and their staff to carry out their work independently, so that they can work with confidence and boldness, constantly enhance their initiative and creativity, give full play to their role in promoting administration according to law, reduce the occurrence of administrative disputes from the source, and enable the government to devote more energy to economic construction and the development of various social undertakings.
(three) improve the supervision mechanism and strengthen the supervision of administrative law enforcement. Effectively strengthen the internal supervision and restriction of administrative law enforcement organs. Strengthen the supervision of higher-level government departments on law enforcement by lower-level government departments; Further strengthen the supervision of supervisory organs and auditing organs, ensure that administrative law enforcement activities are handled in strict accordance with laws and regulations through this special law enforcement supervision, and promptly correct and seriously investigate and deal with violations of laws and regulations and unhealthy practices in administrative law enforcement through effective supervision by supervisory and auditing departments; Strictly implement the responsibility system for law enforcement and the accountability system for misjudged cases. Those who are at fault in law enforcement shall be resolutely investigated for responsibility, and if the circumstances are serious, they shall be given administrative sanctions until they are transferred from the law enforcement team.
Give full play to the supervisory role of local people's congresses and their standing committees. Local people's congresses and their standing committees should earnestly exercise the supervisory power entrusted by the Constitution and laws, take various effective measures, strengthen law enforcement supervision, and promote administration according to law. First of all, we should conscientiously do a good job in reviewing normative documents. In practice, in addition to relevant laws and regulations, the government's administrative law enforcement behavior is often based on government normative documents. However, some arbitrary charges and penalties in administrative law enforcement are often rooted in normative documents. Therefore, the National People's Congress and its Standing Committee should do a good job in supervising administrative law enforcement, and reviewing government normative documents is an important part of it.
Public opinion supervision is an indispensable and important link and measure. To strengthen the supervision of administrative law enforcement, social news media should dare to expose and give full play to the special role of public opinion supervision. The news media is the mouthpiece of the party and the people, and the exercise of supervision by news organizations is a concrete manifestation of the people's exercise of democratic rights, which should be protected by law and supported by the whole society. It is suggested that the government at the same level and the government at a higher level should establish ledgers and records of illegal administrative cases exposed by the news media, and change the simple practice of just listening to the report of the government at the same level and explaining one side of the story in the past, and should establish a conflict resolution mechanism in which both sides can record, speak and even debate with each other.
Formulate accurate supervision standards and enhance the effectiveness of administrative law enforcement supervision, such as gradually formulating and improving quantitative supervision standards for party discipline and political discipline, promulgating and improving relevant laws and regulations as soon as possible, and clearly defining the organs, authorities, scope, methods and procedures of supervision, so that supervision itself has laws to follow.
(Author: Propaganda Department of Linxi County Committee)