Since the reform and opening up, our city has attached great importance to strengthening the socialist rule of law, especially since the 17th National Congress of the Communist Party of China, focusing on promoting administration according to law and building a government ruled by law, and taking strengthening the rule of law as an important measure to optimize the soft environment and improve the city's core competitiveness. Remarkable achievements have been made in the construction of the rule of law, the local laws and regulations system has been further improved, the level of administration according to law and fair law enforcement has been further improved, the legal supervision system has been further improved, the legal service market has been further matured, and the legal quality of the whole society has been further improved. In 2005, our city took the lead in the whole province, and organized and carried out the pilot activities of establishing legal districts and cities. In 2008, according to the deployment of the Ministry of Justice, the national and provincial law popularization offices, the activities to create a city and a district ruled by law were carried out in an all-round way in the whole city, and a leading group headed by the deputy secretary of the municipal party committee was set up, with the working office located in the city law popularization office, and the "Implementation Opinions on Creating a City and a District Ruled by Law in Yuxi City" was formulated and issued, and a series of documents such as target responsibility decomposition, self-test evaluation system, inspection and assessment methods and detailed rules were successively issued. The establishment of "legal district (city)" in our city is in the forefront of the whole province, and the level of establishing a city ruled by law has been greatly improved, creating a good legal environment for the economic and social development of our city.
However, compared with the requirement of "fully implementing the basic strategy of governing the country according to law" put forward by the central government, compared with other advanced cities in China, compared with the goal of building a livable Yuxi and a happy city, there is still a certain gap in building a city ruled by law in our city, and many aspects are still weak. From 2008 to now, it has been three years since our city established a city ruled by law, but compared with Shenzhen, which started the establishment of a city ruled by law in the same period, and Chengdu, which started one year later, its achievements are not the same. After three years of construction, these two cities have formed their own brands and characteristics, which are well-known throughout the country; However, Yuxi's rule of law construction lacks influence and popularity in China. The main problems in our city are:
(A) there is a gap in understanding, and the level of leadership system in cities ruled by law is low.
In the eighties and nineties of last century, as the construction of the rule of law had just started, the focus of work was mainly on popularizing the law. This phenomenon continues to this day, and many comrades still regard governing the country according to law as an important task. They do not fully realize that the rule of law is an important part of the construction of political civilization, an important measure to improve the socialist market economy, and a social system project involving all aspects. Under the guidance of this concept, at present, our city puts the establishment of a city ruled by law in the office of popularizing law and governing according to law. Practice has proved that as a secondary unit located in the Municipal Bureau of Justice, it is difficult for the Legislative Affairs Office to undertake the organization and guidance of the city's legislation, administration according to law, fair justice and social management. Obviously, there are problems such as weak execution, insufficient coordination, and difficult formation of linkage mechanism.
(2) There are weak links in the construction of a government ruled by law, and there are many problems in grass-roots administration according to law.
On the whole, in recent years, the city's administration according to law has made remarkable progress and obvious results, but there is still a situation of uneven development, with tight constraints and loose. From the aspect of administrative complaints, the failure rate of administrative organs and the withdrawal rate of mediation still account for a large proportion. On the one hand, this situation reflects that the people's requirements for administration according to law are increasing year by year, and at the same time, it also reflects that there are still some problems in our city that are not administered according to law.
From the understanding point of view, there are problems in administration according to law: First, the system construction needs to be strengthened. In some areas, there is still a lack of system in the implementation of administrative management, and the quality of system construction needs to be improved, especially the scientific, targeted and operable content of the system needs to be enhanced. Second, there are still weak links in decision-making and administration according to law. The problem that some administrative departments do not strictly follow the statutory authority and legal procedures still exists. The systems of widely listening to opinions, reviewing the legality of major administrative decisions and evaluating the implementation of major administrative decisions are sometimes ignored, and the information and intellectual support system of administrative decisions is still relatively weak. Third, the phenomenon of grass-roots law enforcement departments not abiding by the law, lax enforcement, not investigating violations of the law, and disturbing the people by law enforcement exists to varying degrees. The system and mechanism of administrative supervision need to be further improved, especially the implementation of administrative accountability. Fourth, the information disclosure of many government departments is not active, sufficient and timely, and the people's right to know, participate and supervise has not been truly guaranteed.
(3) The society has high expectations for the fair administration of justice by the courts, and the judicial credibility needs to be further improved.
In recent years, the two-level courts in our city have adhered to the guiding ideology of "three paramountcy" and comprehensively strengthened the trial execution and self-construction around the theme of "serving the overall situation and serving the people's justice", and made new progress in all work. However, there are still the following problems: First, the overall quality of the judges needs to be further improved, and the awareness of politics, the overall situation and serving the people needs to be further strengthened. For example, at present, disputes entering litigation procedures often show the characteristics of interweaving legal issues with social issues, personal rights and interests with public interests, which puts forward higher requirements for the majority of judges to enhance their mediation ability and grasp the overall situation. However, a few judges, especially grass-roots judges, have low ability to solve contradictions and terminate lawsuits through judicial means, and some even intensify contradictions because of defects in the applicable law. Second, some cases still have problems of low quality and efficiency. Third, the grassroots foundation still needs to be further consolidated. The trial quality and efficiency of grass-roots courts are not high, and the appeal rate, appeal rate, reform rate and petition rate still account for a certain proportion. Some judges in grass-roots courts have a weak political concept, and the poor quality and style of individual police officers are still the key issues reflected by the society. Fourth, the contradiction between a large number of cases and a small number of cases has not been alleviated, especially the case execution remains high.
(four) the work of popularizing the law is a mere formality, and the construction of the legal environment needs to be strengthened.
After 20 years, although our city has achieved remarkable results in popularizing the law, there are still some weak links and problems. Many people "don't believe in the law in letters and visits", and many uncivilized and law-abiding bad habits in society can't be corrected in time and effectively, which has a lot to do with this. The main problems are as follows: first, some units do not know enough about the work of popularizing law and pay insufficient attention to it. Some units are tired and lax about the work of popularizing the law, and there are cases where the measures of popularizing the law are not implemented, the work is not deployed, and the inspection is not in place; The exemplary role of leading cadres in some units has not been fully exerted, and their enthusiasm for taking the lead in learning the usage of the law is not high. Second, legal publicity and education is not targeted and effective. The form of legal education is rigid, and many units are still limited to "attachment (offering legal advice), lecturing (teaching legal courses), holding competitions (legal knowledge competitions) and examinations (legal knowledge examinations)". They are satisfied with how many publicity materials have been distributed and how many activities have been organized, but the research and methods on establishing citizens' legal awareness, improving legal quality and using legal knowledge are not enough. Regular publicity work is not in place, and the legal publicity work of some units often takes the legal publicity day as an opportunity to suddenly carry out. Although it creates a good atmosphere, it only has one-day effect and lacks durability; Legal publicity and education is not targeted, and many people can't see or hear the laws and regulations on civil affairs and urban management that are closely related to people's lives and urgently need people's understanding; Legal education is not closely integrated with legal practice. Failure to establish and implement an effective mechanism for popularizing law by combining learning with application, and lack of guidance and education for the daily application of the masses. Legal education is only to cope with the inspection, and education is a mere formality. Third, the development areas, people and industries are unbalanced, and there are weak links. From a regional perspective, there are some problems in rural governance according to law, such as difficult concentration of personnel, difficult arrangement of time, difficult guarantee of funds, and difficult to reflect the effect. From the perspective of population distribution, migrant workers and teenagers are still the difficulties in popularizing the law, especially among young workers, the education of popularizing the law is basically a blind spot, and the phenomenon of crimes committed by this part of the population is still outstanding; From the industry point of view, it is difficult for employees of foreign-funded enterprises, private enterprises and other enterprises to popularize the law, and there are many problems.
(E) The atmosphere of creating a city ruled by law is not strong enough.
Since the establishment of a city ruled by law in our city, we have not seized the favorable opportunity to quickly set off the climax of the rule of law construction in the whole society, forming a huge momentum. First, the creative subject is limited. The main body of the rule of law is limited to state organs and institutions, and even the relevant personnel of legal institutions at all levels, which has not been fully spread in society and has not aroused the enthusiasm of the general public. Second, the creative method is single. At present, some activities to create the rule of law stay in the form of documents and meetings, and the forms are often limited to the traditional forms of popularizing the law, such as distributing leaflets, making billboards, and popularizing the law. The coverage of the rule of law is limited, and its influence and appeal are insufficient. Third, the achievements of building a city ruled by law failed to benefit the people. The construction of a city ruled by law in our city has not well solved the hot and difficult problems that a group of people care about and the outstanding problems in urban development and social management, and has not really made the people feel the benefits of the construction of a city ruled by law. Therefore, citizens' understanding of the rule of law is limited, their feelings are not deep and their enthusiasm for participation is not high.
Second, the countermeasures and suggestions for building a city ruled by law
The urban development goals put forward by the Municipal Party Committee reflect the advantages, characteristics and value orientation of Yuxi's urban development, and further clarify the future development direction of Yuxi. However, the rule of law, as an important value pursuit and measurement standard for a city to realize modernization and internationalization, has not been reflected. It is suggested that the municipal party Committee increase the goal of "rule of law in Yuxi" in the construction of "five Yuxi"; Or replace "harmonious Yuxi" with "rule of law Yuxi". Because there are similarities between "harmony" and "livability", a livable city must be a harmonious city, and "livability" is broader than "harmony" in connotation and extension; If a city wants to achieve "harmony" fundamentally, it must be based on the rule of law, guaranteed by the rule of law and bordered by the rule of law (that is, the orderly and standardized social order). Moreover, from the national to local practice, there are authoritative or mature evaluation index systems for "livable cities" and "cities ruled by law", and the relevant national ministries or some authoritative professional institutions at home and abroad have also carried out many influential evaluations of "livable cities" and "cities ruled by law". Compared with this, "harmonious city" is rare. According to the requirements of "world vision, international standards and local advantages" put forward by Secretary Li Qun, the construction of "city ruled by law" should be promoted in a more important and prominent overall, basic and strategic position.
(A) effectively solve the problem of understanding
It is necessary to break through the outdated understanding that building a city ruled by law is equivalent to popularizing the law and governing according to law, and improve the understanding of the importance of building a city ruled by law ideologically.
1. We should realize that building a city ruled by law is the fundamental requirement for implementing the basic strategy of governing the country according to law and practicing Scientific Outlook on Development. Building a city ruled by law fully embodies the requirements of people-oriented Scientific Outlook on Development and the basic strategy of governing the country according to law, and embodies the basic principles of the Constitution. It is a concrete practical activity that combines the basic strategy of governing the country according to law with the construction of local democracy and rule of law.
2. It should be recognized that building a city ruled by law is an important foundation and fundamental guarantee for building a livable and happy city in Yuxi. The degree of rule of law in a city largely determines the city livability index and citizen happiness index. The rule of law is not only an important indicator that constitutes a livable city and the most happy city, but also an important basis and guarantee for improving other indicators. For the people, whether a city is livable or not and whether it has a sense of happiness comes not only from the quality of life, but also from the level of rule of law. By analyzing the selection of livable cities and happiest cities in China since 2007, we find that cities with relatively successful rule of law construction, such as Hangzhou, Changsha, Chengdu, Nanjing, Shenzhen and Wuxi, are in the forefront of livable cities and happiest cities.
It should be recognized that building a city ruled by law is an important measure to strengthen and innovate social management. In order to cope with the complex situation in the economic and social transition period, the central government has proposed to strengthen and innovate social management, and various localities are actively exploring innovative social management. It is very important to strengthen the role of rule of law in social management, speed up the process of rule of law in the whole society, and at the same time, use more laws to regulate social behavior, adjust interest relations and reduce social problems while managing society by administrative means.
4. It should be recognized that building a city ruled by law is an important content and index of building a modern international city. In addition to economic and social development, the living and development environment of a modern international metropolis is more important. In the era of globalization, the rule of law has become an important indicator to measure modern international cities, such as government governance performance, market environment, ability to attract foreign investment, security and order. These are closely related to the degree of rule of law in a city. We must put the development of Yuxi on the international platform, promote the new leap of Yuxi's comprehensive competitiveness with the rule of law, and further improve the international status of our city.
(two) to further clarify the overall goal and thinking of building a city ruled by law.
The overall goal of building a city ruled by law in our city is: according to the overall requirements of fully implementing the basic strategy of Scientific Outlook on Development and governing the country according to law, the political life, economic life and social life of our city will be fully brought into a scientific, standardized and legal track, and the socialist spirit of the rule of law will be vigorously promoted throughout the city. The scientific legislative process, strict law enforcement, fair justice and law-abiding for the whole people will continue to advance, realizing the legalization of all work in our city, and building our city into a city with distinctive local legislative characteristics, government administration according to law, judicial fairness and justice and a good legal environment. By 20 15, it will enter the national advanced ranks of cities ruled by law; By 2020, we will further consolidate the achievements of creating a city ruled by law and realize the rule of law in the political, economic, cultural and social fields of our city.
The general idea of building a city ruled by law in our city is: focus on building a government ruled by law (sunshine justice and sunshine prosecution) and effectively improve the credibility of the government and the judiciary; Focus on the construction of legal environment, and strive to create a fair and standardized market environment, an honest and law-abiding business environment, a civilized and orderly public environment and a high sense of security; Based on the construction of communities (villages and enterprises) ruled by law, we will vigorously cultivate a law-abiding, safe, harmonious, civilized and standardized social atmosphere. Give full play to the foundation and guarantee of the rule of law, build a livable Yuxi and build a happy city.
(3) Specific measures to actively promote the construction of a city ruled by law.
1. Straighten out the system and improve the construction level of a city ruled by law. At present, there are three successful working systems in the construction of a city ruled by law in China: the Guangdong model in which the working organization is located in the National People's Congress, the Jiangsu model in the Political and Legal Committee of the Party Committee, and the Zhejiang model in the General Office of the Party Committee. These three modes have their own advantages and disadvantages. It should be clear that party committees at all levels are the leading core of the construction of a city ruled by law. All aspects and links involved in the construction of a city ruled by law, such as legislation, law enforcement, judicature, law popularization, governance according to law, social security, etc., should be supported by independent and coordinated work of all parties in accordance with the principle that the Party Committee takes the overall situation into consideration and coordinates all parties. It is suggested that Jiangsu model should be adopted in our city, and the working mechanism of building a city ruled by law should be set up in the Political and Legal Committee of the Party Committee.
2. Innovate mechanisms to enhance the vitality of building a city ruled by law. The construction of a city ruled by law is a systematic project, and the mechanism must be innovated. In practical work, we should strive to achieve four combinations, namely, the combination with the party and government organs to change their functions and styles, the combination with the optimization of urban development environment and the promotion of urban core competitiveness, the combination with innovative social management, and the combination with spiritual civilization construction, and actively explore the formation of a working mechanism with organic combination of various elements, outstanding characteristics and practical results. In order to ensure the implementation of the construction of a city ruled by law, it is suggested that Wuxi's experience in establishing an assessment system for the construction of a city ruled by law should be used for reference, and the construction of a city ruled by law should be included in the assessment of work objectives, and the corresponding assessment standards and evaluation system should be formulated, which should not only be accepted by all responsible units, but also objectively evaluate the achievements of the construction of the rule of law and promote the construction of the rule of law.
3. Do a good job in the construction of "three organs" (government, courts and procuratorates) and "four environments" (market environment, business environment, public security environment and public security environment) to form a bright spot of "city ruled by law".
-building a government ruled by law and promoting governance according to law. Strive to build a sunny government, a limited government, an honest government and a responsible government, and realize the fundamental transformation from an all-round government to a limited government and from a control administration to a service administration. Pay more attention to administration according to law, exercise power and perform duties in strict accordance with statutory authority and procedures, promote the innovation of government management methods, strengthen the construction of administrative decision-making procedures, effectively transform government functions into economic regulation, market supervision, social management and public services, and strive to protect and improve people's livelihood. Pay more attention to administrative supervision and accountability, improve the supervision system and mechanism, comprehensively promote the openness of government affairs, and effectively control and use power for the people. Pay more attention to resolving social contradictions and disputes according to law, improve the administrative mediation system, improve the efficiency of administrative mediation, improve the administrative reconsideration system, and improve the petition system.
-promoting judicial justice and realizing social fairness and justice. Strengthen the construction of judicial team, improve the comprehensive quality of judicial personnel, handle cases strictly according to law, standardize judicial behavior, and ensure substantive justice and procedural justice. Respect judicial independence, safeguard judicial authority, and gradually reduce the rate of letters and visits involving lawsuits and laws. Strengthen supervision over the exercise of power in important links such as filing, investigation, arrest, prosecution, trial and execution, and key positions such as people and property, strictly implement the system of fault accountability, responsibility investigation and case evaluation, and implement the system of law enforcement supervision and inspection and the system of investigating and rectifying the source of law-related complaints and letters.
-Improve the standardized and orderly market environment. Firmly establish the concept of equal protection and promote fair competition and common development of all kinds of market players. Transform the government's economic management functions, separate government from enterprise, government from capital, and government from affairs, and improve the market supervision system that combines administrative law enforcement, industry self-discipline, public opinion supervision, and mass participation. Standardize the behavior of various market entities according to law.
-Create an honest and law-abiding business environment. Efforts should be made to improve the integrity awareness of the whole society, accelerate the construction of a social credit system supported by morality, based on property rights and guaranteed by law, and promote the construction of a social credit system. Severely crack down on criminal acts such as counterfeiting and selling fakes, increase quality supervision and safety productivity, and create a good social atmosphere of "honesty-oriented, credit first".
-Building a harmonious public environment. Actively carry out legal publicity and education, and create a social environment in which everyone abides by the law, abides by the law, upholds the law, and acts according to law. Strengthen the management of public places and improve the construction of urban emergency management mechanism. Rectify the order of traffic and tourist attractions, strengthen the property management of residential quarters, and strive to create a good social order.
-creating a stable public security environment. Severely crack down on all kinds of illegal and criminal activities and vigorously rectify outstanding problems that affect social stability. We will comprehensively implement various measures for the comprehensive management of social security, improve the prevention and control system of social security and the mediation mechanism of contradictions and disputes, improve the network for preventing juvenile delinquency, implement the resettlement and community correction of released prisoners, and actively prevent and properly handle all kinds of public emergencies according to law.
4. Strengthen the publicity of the rule of law and establish the leadership authority of the rule of law. Intensify the publicity of the rule of law, carry out in-depth publicity and education on the rule of law, carefully organize and implement legal popularization activities, especially strengthen the publicity of laws and regulations closely related to people's production and life, vigorously carry forward the socialist spirit of the rule of law, earnestly enhance citizens' awareness of safeguarding rights according to law and consciously fulfilling their obligations, cultivate basic literacy of respecting and relying on the law, advocate the concept of the rule of law with the supremacy of law, and lay a profound ideological foundation for the construction of a city ruled by law. First, constantly innovate and enrich the methods of legal publicity and education, constantly improve the forms of law popularization, and innovate the carriers of law popularization. Second, give full play to the role of various news media, the Internet, mobile communications and other emerging media, and strive to create a strong atmosphere of the rule of law. The third is to cultivate the spirit of the rule of law in the whole society and form a culture of the rule of law.
5, strengthen scientific and democratic legislation, improve the effectiveness of the implementation of local regulations. Starting from the overall height of building a city ruled by law, we should start local institutional innovation and institutional innovation, constantly strengthen local legislation and improve the quality of local legislation. Focus on formulating or revising laws and regulations that are urgently needed to improve the economic system, accelerate the transformation of development mode, adjust and optimize the economic structure, save energy and resources, protect the ecological environment, improve people's livelihood and develop social undertakings, and strengthen the government's own construction, so as to reflect legal requirements, adapt to the needs of the times, conform to the wishes of the people, and solve practical problems. First, strengthen scientific and democratic legislation, increase the transparency and openness of legislation, and maximize the concentration of people's wisdom and reflect public opinion. Improve the working mechanisms such as legislative investigation, expert consultation and demonstration, cost-benefit analysis and social risk assessment. Broaden the channels for public participation in legislation, and solicit opinions from the society through written comments, online comments or holding symposiums, demonstration meetings and hearings. And learn from Chengdu's practice, so that all gamers have the opportunity to participate in the expression process of interest demands from the beginning of legislative activities. The second is to strengthen legislative follow-up supervision and post-legislative evaluation, and strive to improve the effectiveness of the implementation of local regulations.
6. Improve the supervision mechanism and strengthen supervision. First, strengthen NPC's legal supervision and work supervision over "one government, two houses" and promote administration according to law and fair justice. The second is to give play to the supervisory role of democratic parties, people's organizations and the news media, broaden the channels of supervision, and earnestly strengthen supervision. Third, attach great importance to the role of people's supervision and public opinion supervision, effectively protect the people's right to know, participate, express and supervise, and seriously solve the problems reflected by people's complaints. Fourth, improve the internal supervision mechanism and strengthen the construction of supervision system to ensure that public power is always under the supervision of the party and the people.
7, improve the legal service mechanism, improve the level of legal services. First, set up legal service institutions reasonably according to law, so that legal service personnel have no violations of discipline and criminal acts. Second, the legal service management system is sound and perfect, and there is no unfair competition. Third, legal services are high-quality and efficient, and every legal worker provides a piece of legal aid every year. The fourth is to standardize the management of the legal service market, carry out effective rectification on a regular basis, and effectively improve the level of legal services.