(A) establish the concept of the rule of law of the supremacy of law
Governing the country according to law, the law is in a decisive central position. In order to promote the formation of the concept of rule of law with the supremacy of law in the whole society, we must actively transform and reshape the relevant factors that affect the formation of the concept of rule of law. First, it is to cultivate people's awareness of obeying the law. Kawasaki Takayoshi, a Japanese jurist, believes that the key to the formation of law-abiding spirit lies in people's desire and motivation to obey the law, and this desire and motivation is due to people's belief in the law. He said, "saying that this motivation is part of personality factors does not mean that he was born." Just by instilling (what sociologists call socialization) what is fixed in personality. Therefore, without indoctrination, this social interaction process will not occur. If this indoctrination is not expected and required by people in society, this value based on motivation will not be realized. If it is not popularized to a certain extent in society, modern law cannot form and maintain social order in reality. " [1] Plato has the same view on this issue. He said: "Governing the country according to law requires everyone, including rulers, to absolutely obey the legal authority." He believes that a country ruled by law should not only have laws to follow, but also let everyone consciously abide by the law. It can be seen that the universal concept of abiding by the law is not only the premise to realize the rule of law, but also the minimum requirement to realize the rule of law. Second, correct legal education is very important. Knowing the law is the premise of abiding by the law, and the spirit of abiding by the law is formed through education and indoctrination. However, it is not enough to popularize legal education. The key is to establish a correct concept of rights and obligations through correct legal education, and this spirit of abiding by the law can be truly established. Because the consciousness of rights is closely related to the formation of the concept of rule of law, and rights are the core of law. Without the demand for rights, there would be no demand and desire for law. The enhancement of right consciousness can lead to the growth of the concept of rule of law, and conversely, the growth of the concept of rule of law will certainly promote the expansion of people's right consciousness. Therefore, the key to popularizing the law is not only to let people know the law, but more importantly, to cultivate people's correct concept of rights and obligations, and to use this concept to regulate and restrain the administrative law enforcement behavior of party committees and governments at all levels in order to promote them to act according to law. Only in this way can the law popularization work effectively cultivate the spirit of the supremacy of law. Otherwise, no matter how big the investment is, it will be in vain. In our country, in order to let people know the law, the first, second and third five-year plans have been carried out successively, and now the fourth five-year plan has begun. But after so many years of popularization, why is the phenomenon of illegal administration still so common? That's why. Promoting the rule of law is not a simple propaganda of existing laws, but a process of shaping people's law-abiding spirit and rule of law culture. In other words, we should devote ourselves to the formation of people's law-abiding concepts and legal beliefs, which is also the proper meaning of popularizing the law. Third, we must act in strict accordance with the law. If the law wants to be deeply rooted in people's hearts, the most critical issue is to make the law become people's expectation. This must make the law truly become a powerful tool to regulate people's rights and obligations. That is, when people's rights are damaged, the law can provide timely relief. Because the realization of this remedy function must be based on strict law enforcement and fair law enforcement. On the one hand, citizens' trust in the law depends on whether the law itself can reflect and realize citizens' interests, on the other hand, it depends on the implementation and compliance of the law by the state and the government. Only the respect, obedience and observance of the law itself by the state and the government can lead to citizens' belief in the law, otherwise it will destroy citizens' belief in the law and even go to the opposite side. In this sense, the degree of government compliance is directly related to the success or failure of the concept of the supremacy of law. Due to the complete lack of legal experience, people can still believe in the value and function of law and keep hope on it; If it is a bad legal experience of "the government does not obey the law", it will fundamentally destroy the belief in the law and make people lose confidence in the law. If the law cannot safeguard people's legitimate rights, then people's beliefs and expectations about the law will disappear. Therefore, to cultivate the concept of the supremacy of law, the most important thing is that party committees, governments and administrative law enforcement departments should act in strict accordance with the law. Pahlman pointed out that "law must be believed, otherwise it will exist in name only". Imagine, in a society where the law only requires people to fulfill their obligations, but does not vigorously safeguard people's rights, how can people form trust in the law? Kawasaki Takayoshi believes that "unless the subject actively and consciously abides by and upholds the law, the legal order cannot be maintained. If there is no law-abiding spirit, power alone cannot be maintained. " Only when the law is universally respected in society will the awareness of abiding by the law be deeply rooted in the hearts of the people. This awareness of abiding by the law is not only aimed at the people, but also at the vast number of administrative law enforcement departments, especially the leaders, as the main body of law enforcement. Only in this way can we form the concept of rule of law with the supremacy of law, and then promote the in-depth development of ruling by law.
(2) Effectively supervise the quality of legal operation.
In China, according to the political system of China, a legal supervision mechanism has been established. From the perspective of state supervision organs, there are state power organs, state administrative organs, procuratorial organs and judicial organs. From the perspective of social supervision, the supervision of China's * * * production party, China People's Political Consultative Conference, democratic parties and social organizations, people's supervision, legal supervision and public opinion supervision cannot be described as imperfect. However, due to the poor operability of this supervision mechanism, its role is quite limited. Take NPC supervision as an example. Its supervision methods mainly include: hearing and deliberating work reports and making corresponding resolutions; Review the normative documents and non-normative legal documents submitted by "one government, two houses" according to law, and make corresponding resolutions; Inquiry; Organizing investigation committees on specific issues; Accepting and handling complaints, accusations and exposures; Carry out law enforcement inspection; Inspection; Supervise and handle the suggestions, criticisms and opinions put forward by the people's deputies and members; To consider cases of dismissal; Special supervision and so on. Because most of these supervision methods focus on major issues of principle, it is often difficult to take care of the supervision involving the vital interests of the broad masses, and there is a lack of relevant operational supervision methods and contents, so that many times this kind of supervision becomes a mere formality. It is this neglected right that constitutes the cornerstone of people's confidence in the rule of law. Ignoring human rights is undoubtedly fatal to the formation of law-abiding spirit. It can be seen that perfecting the supervision mechanism of China's legal operation is not only an important embodiment of maintaining legal authority, but also an important means to promote governance according to law. Formally speaking, China's legal supervision system is relatively perfect. The problem is that supervision is difficult to implement, that is, supervision is weak. To solve this problem, we must take the road of legalization of supervision function. That is to say, through national legislation, the scope, methods, contents, responsibilities and obligations of supervision over state power organs, administrative organs, people and news media will be concretized and institutionalized, so as to enhance the operability of supervision and make these supervision functions come out of abstract general provisions and become real rights and obligations stipulated by law. At the same time, a special organization should be set up to supervise and accept legal operations. At present, China has formulated many laws and regulations, but the phenomenon of non-compliance with laws in administrative law enforcement is very prominent. The fundamental reason is that many laws and regulations are not organized and implemented by specific departments, and there is no corresponding regulatory department to carry out legal operations, which makes many "idle laws" appear in real life. Some authoritative sources have pointed out that behind the rapid progress of legislation in China, there are hidden dangers of not paying attention to the law and weak enforcement. According to the investigation of relevant departments, in our country, the phenomenon of disobeying laws is quite common. In many places, only a small number of laws have been seriously implemented, and the problems of non-compliance with laws and difficulty in law enforcement are prominent. At present, nearly 30% to 40% of cases cannot be executed. People turn a blind eye to the law Facts have proved that the diversification of legal supervision subjects does not mean the perfection of supervision mechanism. The key is whether there is a special organ to accept and investigate the problems raised by these supervision. The problem with China's legal supervision mechanism is that it is difficult to investigate and implement the problems discovered and raised by all sectors of society. Because, this traditional way of supervision is not to hand over the exposed problems to another third-party department that has nothing to do with the problems, but to hand over the responsibility of checking and correcting the problems to the relevant functional departments that have problems after the supervision department has raised the problems, which often causes the relevant functional departments to avoid talking about important issues in order to safeguard the interests and reputation of the departments, or even to obstruct them artificially, so that the exposed problems are delayed or not solved for a long time. Repeatedly, not only the subject of supervision has lost interest in supervision, but even the supervised institutions are very dissatisfied with such supervision, because such supervision has not brought them any pressure because of legal regulation. As a result, public confidence in the legal order has been damaged. This is the deep reason why a considerable number of citizens are unwilling to solve problems through legal means, but resort to group petitions, group riots, traffic jams and attacks on party and government leaders. In order to change this passive situation, which directly endangers social and political stability, we must solve the problems of non-compliance with laws in some places and in some fields. While strengthening the original legal supervision channels, the state should supervise all legal operations through a special legal supervision and acceptance organ, establish a working mechanism from acceptance to investigation of all law enforcement violations by administrative law enforcement departments, completely solve the current phenomenon of "legal idleness" and make the law really play its role in regulating society. In addition, a quick and sensitive mechanism should be established to correct the infringement. The main body of governance according to law is the state administrative law enforcement organs. The key to the effective implementation of governance according to law lies in the administrative law enforcement organs. In other words, at present, it is the administrative law enforcement organs of some countries that fail to abide by the law, enforce the law loosely, enforce the law unfairly and ignore the law. The biggest obstacle and resistance to promoting governance according to law comes from the administrative law enforcement organs of some countries. Therefore, in order to change the passive situation of governance according to law, we must also start with the governance of state administrative law enforcement organs and establish a clear, rapid and sensitive mechanism for correcting violations. All social consequences caused by the state administrative law enforcement organs' non-compliance with laws and illegal decisions must be investigated and corrected in time through legal mechanisms. The investigation and punishment of illegal acts of law enforcement subjects should be included in the legal scope and clarified in the form of national legislation, rather than solving the illegal problems of party committees, government departments and their public officials in the process of administrative law enforcement only in the form of current administrative punishment or internal party punishment. If the people's interests are damaged due to the government's administrative decision-making mistakes and law enforcement violations, it should be recovered through legislation, and the legal supervision organ independent of the administrative law enforcement organ is responsible for investigating and handling, and this responsibility for recovery should be implemented on the corresponding responsible person of the administrative law enforcement organ, and the relevant responsible person should be punished accordingly, so as to warn all illegal acts and establish the people's confidence in the law. Only in this way can the public's universal respect for legal authority be formed and the awareness of abiding by the law be deeply rooted in the hearts of the people. At present, because there is no corresponding law to protect it, the damage to people's rights caused by the decision-making mistakes of party committees and governments, illegal or deviated administrative law enforcement is often irreparable, which not only damages the image of party committees and governments, but also greatly dampens people's trust in the law, and may also lead to the abuse of power by party committees and governments and administrative law enforcement departments. For example, at present, some local governments have exceeded their powers, but in the name of the government, they have rigidly "catered" to the behavior of their own enterprises. However, after causing losses to the masses, they have tried every means to shirk their responsibilities, which has caused extremely bad influence among the masses. In recent years, cases of fake seeds and forcing farmers to grow tobacco are typical examples. However, at present, there is no legislation on damages caused by government administrative faults and law enforcement violations, and there is no corresponding law enforcement supervision organ. Therefore, the responsible departments and persons responsible for the damage are rarely punished. Because violations of laws and mistakes do not bear the corresponding responsibilities, violations of law enforcement, arbitrary decision-making and even arbitrariness may prevail. Repeatedly, people's faith in the rule of law will disappear. Therefore, it is inconceivable to promote the work of governing the country according to law and promote the realization of governing the country according to law without investigating the illegal responsibility.