Local government is an important link in China's administrative management system and the frontier of administration according to law. It has the most frequent and direct contact with the people, and the effectiveness of its administration according to law is of decisive significance to the implementation of the basic strategy of governing the country according to law. Over the years, through long-term unremitting efforts, local governments have raised their awareness of administration according to law, improved their management level and achieved remarkable results in administration according to law. However, we are also soberly aware that there are still many weak links in the local government's administration according to law, and some problems are still outstanding. If it is not properly solved, it will inevitably affect the overall promotion of administration according to law and the realization of the goal of building a government ruled by law.

I. Existing problems

First, law enforcement departments do not know enough about administration according to law. In practical work, the staff of some administrative organs, especially leading cadres, do not know enough about administration according to law, and the concept of administration according to law is still relatively weak. Administration according to law, the responsibility lies with the government, and the key lies in leadership. However, some leading cadres of administrative organs often "talk about the importance, do the second, and are not busy" about administrative work according to law. In some places, the work of administration according to law only stays in meetings, documents and forms, and has not really been put into action. Some oppose administration according to law and economic construction, and some policies and measures formulated are obviously illegal; Some officers are serious-willed, accustomed to the traditional way of thinking and working, act by experience, take decisions for granted, and despise or are not good at using legal means to deal with problems; Some are only afraid of being on the top, only afraid of power, replacing the law with words and suppressing the law with power; Some speeches have no guidelines, do not stress honesty, and policies are constantly changing.

Second, the subject of administrative law enforcement is chaotic. There are too many administrative law enforcement teams, the power of administrative law enforcement is scattered, the subject of law enforcement is unqualified, the functions of departments overlap, the responsibilities are unclear, the law enforcement is repeated, and the phenomenon of multiple law enforcement is serious. Some places are also keen on "sports-style" law enforcement and multi-departmental "joint law enforcement"; In some places, temporary institutions without law enforcement power are often set up to carry out surprise work; Some localities and departments have exceeded their authority to enforce the law and carried out acts that are not within the scope of administrative management.

Third, the purpose of administrative law enforcement is incorrect. The purpose of implementing administrative acts by administrative organs is to ensure the normal management of state administrative affairs and maintain the normal order of society. But in some administrative organs, the purpose of law enforcement is to pursue economic interests blindly, and administrative law enforcement has a strong interest color. At present, most grass-roots law enforcement teams lack normal funds, mainly from fines and fees. The more fines, the more money received and the more money returned. "Law enforcement supports the people and the people support law enforcement." Administrative law enforcement is directly linked to the interests of law enforcers, which leads to a serious deviation between law enforcement behavior and law enforcement purpose. Some departments seek advantages and avoid disadvantages, for the sake of jurisdiction, power, fines and fees, resulting in heavy punishment and light management.

Fourth, the awareness of administrative law enforcement procedures is not strong enough. Some administrative organs and law enforcement officers only attach importance to substantive law, thinking that as long as the results are correct, as for the means and methods, it doesn't matter. Weak procedural consciousness, ignoring the standardized operation of administrative power. Some punish first and then collect evidence; Some don't fulfill the obligation of informing in advance and don't listen to the statements and arguments of the administrative counterpart; Some do not inform the counterpart of the way to obtain legal relief, and do not serve relevant legal documents; Some law enforcement processes are arbitrary, the standards of handling cases are different, the law enforcement is lax, and it is obviously unfair.

Second, the reasons for the problems

The first is the influence of the thought of "rule by man". China is a country with thousands of years of feudal history, and the thought of "rule by man" is deeply rooted, lacking the long-term edification of the rule of law culture. Coupled with the long-term implementation of the planned economic system after the founding of the People's Republic of China, a good atmosphere of attaching importance to and abiding by the law has not really formed. Generally speaking, administration according to law is still a top-down work. Grass-roots understanding of government administration according to law has not been followed up in time. The leaders of some administrative departments are very conscious, and they only know how to adopt simple and rude working methods in administrative management. Some major decisions are not strictly followed by laws and regulations, but are made by personal feelings. Some law enforcers substitute words for law, power for law, power against law, and even abuse their powers to enforce the law.

The second is driven by economic interests. Grass-roots administrative law enforcement departments are generally short of law enforcement funds, and county and township governments often include confiscated income as a task in their budget arrangements, which makes administrative law enforcement departments and their staff easily driven by economic interests, unilaterally substituting punishment for punishment and charging fees at random, leading to the alienation of administrative power.

Third, the supervision and restriction mechanism of administrative law enforcement is not perfect. The supervision of administrative organs is not enough, there are not many supervision measures and the supervision system is not implemented enough. Most of the supervision channels and supervision forces exist in name only and have not played their due role. The relative person of administrative management doesn't know much about his rights, judicial relief and complaint channels, and he doesn't know how to supervise or even dare to supervise.

III. Countermeasures and Suggestions

First, intensify publicity and education on administration according to law. It is necessary to strengthen the legal publicity and education for the staff of administrative organs, especially leading cadres, and urge the staff of administrative organs, especially leading cadres, to change their ideological concepts, eliminate the influence of feudal autocratic consciousness such as official standard, overbearing style and privileged thoughts, and firmly establish the concept of legal authority first. The staff of administrative organs must fully understand the importance and urgency of administration according to law, and practice the socialist legal principle of "there are laws to follow, laws to be observed, law enforcement to be strict, and violators to be prosecuted". At the same time, it is necessary to strengthen the publicity and education of the legal system of the whole people, enhance the awareness and ability of the whole people to consciously use legal weapons to safeguard their legitimate rights and interests, and gradually create a good social atmosphere for the construction of the administrative legal system.

The second is to strengthen the construction of administrative law enforcement team. Without a high-quality administrative law enforcement team, administration according to law will become an empty talk. First, we must improve the access mechanism for administrative law enforcement personnel. It is necessary to clarify the basic conditions for entering the administrative law enforcement team, conscientiously implement the examination system for administrative law enforcement personnel, adopt a fair competition method, and select the best candidates to ensure good entry and exit. The second is to improve the regular training system for administrative law enforcement personnel. All administrative law enforcement personnel must attend certain class hours of law enforcement training every year. Through training, the law enforcement level of law enforcement personnel has been steadily improved. Third, improve the elimination mechanism of administrative law enforcement personnel. For some law enforcement officers who do not have basic political and legal literacy and do not meet the law enforcement qualifications, as well as those who violate the law and discipline seriously, the administrative law enforcement team must be cleaned up in time.

Third, vigorously promote openness in government affairs. Carrying out the open system of administrative law enforcement is an important way to standardize administrative law enforcement and realize administration according to law. We should make government affairs public as an important system to promote administration according to law and pay close attention to its implementation. All kinds of administrative activities, except those required by laws and regulations to be kept confidential, must be disclosed to the public according to law. The scope of open government affairs includes administrative examination and approval, administrative fees, administrative penalties, administrative confirmation and so on. The administrative law enforcement organ shall fully disclose the basis, authority, procedures, results and rights enjoyed by the relative person of the administrative law enforcement organ. All policies and documents closely related to the people should be available for consultation in the administrative service center, and most administrative affairs can be handled centrally in the "government service center" to facilitate the people to handle affairs. Strive to build a "transparent government" and a "sunshine government".

Fourth, we should strengthen the supervision of administrative law enforcement. Perfecting the supervision mechanism and strengthening the supervision of law enforcement are the fundamental guarantee for promoting administration according to law. First, carry out regular supervision and inspection of administrative law enforcement, and strengthen supervision before and during the event. Second, we must strengthen the filing and review of normative documents. It is necessary to comprehensively review the legality and rationality of normative documents and prevent the introduction and implementation of problem documents. At the same time, it is necessary to implement the regular cleaning system of normative documents to ensure the seriousness of the documents. Third, promote the standardized operation of important administrative powers such as decision-making power and approval power. It is necessary to implement strict accountability for decision-making and prevent the phenomenon of patting the head and making decisions and patting the ass to leave. Fourth, it is necessary to establish a major administrative punishment case and an administrative licensing filing system. Cases of administrative punishment with a large amount or great influence made by administrative organs must be reported to the legal institution of the government at the next higher level for the record. Fifth, we must conscientiously implement the responsibility system for administrative law enforcement and the appraisal system. It is necessary to define law enforcement responsibilities according to law, scientifically set up law enforcement posts, carefully sort out the basis of law enforcement, decompose law enforcement responsibilities at different levels, and implement them to every law enforcement post and every law enforcement officer. Establish an open, fair and impartial appraisal system and a system of accountability for law enforcement mistakes or misjudged cases. Sixth, improve the administrative complaint system. Governments at all levels should publish the address, telephone number and service content of administrative law enforcement supervision institutions, and seriously investigate and deal with illegal or improper administrative acts reported by the parties.