Experience of studying law (paper)
Some time ago, the municipal party Committee hired legal experts and professors to train leading cadres at or above the division level in the city in laws and regulations. Through training, my own legal consciousness has been improved obviously. In the past, I only understood the legal provisions superficially, but now I can understand the deep connotation of the law and have a qualitative change. After the training, I calmed down, compared my notes and got in touch with the actual law enforcement work of the traffic system. I feel that there is still much work to be done in the construction of the legal system, and there are still many problems to be solved urgently. For example, the problem of "failing to abide by the law, lax enforcement, and failing to investigate violations of the law" is still widespread, and problems such as arbitrary deduction and excessive punishment, paying more attention to fees than management, and abusing power for personal gain also occur from time to time. The existence of these problems directly affects the image of traffic administrative organs. How to fundamentally solve the problem of traffic administrative organs administering according to law and improve the level of administrative law enforcement? Let me talk about my experience on this issue. Administrative law enforcement is the most important and frequent work of China's traffic administrative organs, which is related to the orderly and normal operation of traffic management activities, deepening reform, opening up and economic development. Therefore, traffic administrative law enforcement must adhere to the principles of laws to follow, strict law enforcement, and violators must be prosecuted, so as to make traffic administrative law enforcement activities legal, effective, accurate and efficient. Legal. The law requires that China's traffic administrative organs must pay attention to five links in administrative law enforcement activities. First of all, it must be legal, that is, the subject qualification is legal, and it must be an administrative organ clearly stipulated by laws, regulations and rules; Second, our administrative law enforcement actions must be legal and act in strict accordance with the law, and no one has the privilege of being above the law; Third, the object of administrative law enforcement must comply with the law, such as not to set obstacles for the managed person at will; Fourth, the basis of administrative law enforcement activities must be legal, and the normative documents on which it is based must not conflict with national laws and regulations and must be announced in advance; Fifth, the procedure of administrative law enforcement must be legal and complete, and we cannot do whatever we want. Reasonable. Rationality is an indispensable supplement to traffic administrative law enforcement. First of all, traffic administrative law enforcement must be unified, and laws and regulations should be applied equally to everyone, and there should be no looseness or strictness, and there should be no lightness or heaviness; Second, the exercise of discretion must be fair and not affected by irrelevant factors; Third, administrative law enforcement decisions must respect facts and cannot make unenforceable administrative acts; Fourth, under the principle of legality, fully consider the wishes of the management objects, so that most management objects can accept, understand and support them. Accurate. Accuracy is the key to ensure the correctness of the case. First of all, the applicable law must be accurate and not arrogant; Second, the facts must be accurate, the evidence must be conclusive, and there must be no disconnection and ambiguity; Third, the narrative of administrative law enforcement documents must be accurate, and must be able to truly express the intention of the traffic administrative organs, clear and easy to understand, and not ambiguous. Efficient. Traffic administrative law enforcement has a strong timeliness. First of all, the national traffic-related substantive law and law enforcement procedure law have clear time regulations, which must be strictly observed; Second, the time to take administrative compulsory inspection, collect evidence and detain articles must be closely related to the actual needs of law enforcement, and the right to compulsory vehicle inspection and card inspection cannot be abused indefinitely; Third, after the administrative law enforcement (punishment) decision takes effect, if the party refuses to perform it within the time limit, it must immediately apply to the people's court for compulsory execution according to law. Therefore, traffic administrative organs must improve efficiency, overcome bureaucracy and ensure sensitive response, decisive decision-making, authoritative command and quick handling. While strengthening and perfecting the traffic administrative legislation and strictly administering according to law, we must also improve the supervision and inspection system with the responsibility of traffic administrative law enforcement as the core. Without a sound supervision and inspection system as a guarantee, it is difficult for traffic administrative organs to administer according to law. Administrative law enforcement refers to the specific administrative acts made by administrative organs against the counterpart according to laws, regulations and rules, which directly affect their rights and obligations. The object of this administrative behavior includes two aspects: first, the administrative organs treat citizens, legal persons and other organizations; Second, the administrative organs are internal to themselves. In order to ensure that the administrative law enforcement acts are standardized, rewarded and punished, and play a guarantee role in strictly enforcing the law and protecting the legitimate rights and interests of the parties, the administrative law enforcement responsibility system must be implemented. Traffic administrative law enforcement responsibility system is based on the law enforcement responsibilities of traffic administrative organs determined by laws, regulations and rules, establishing a law enforcement responsibility system with the main person in charge of the unit as the core, decomposing the responsibility layer by layer, implementing it in the posts of law enforcement units and law enforcement personnel at all levels within the traffic administrative organs, defining the scope of responsibility, responsibilities, authority and law enforcement objectives, formulating assessment standards and reward and punishment methods, and combining the assessment results with the appointment of law enforcement personnel. The supervision and inspection of administrative law enforcement is the direct supervision and inspection of the internal law enforcement activities of administrative organs, and it is an important safeguard measure to fully implement the responsibility system of administrative law enforcement. Because administrative law enforcement includes both internal and external aspects. Then, how can the traffic administrative organs carry out effective supervision and inspection of administrative law enforcement? We think we can take the following six ways. First, the traffic administrative organ at a higher level organizes an inspection team to conduct regular or irregular inspections on the administrative law enforcement of the traffic administrative organ at the same level and at the next level. Regular inspection means that the traffic administrative organ at the next higher level determines a number of key laws, regulations and rules every year according to the needs, and conducts inspections in a planned and step-by-step manner according to the scheduled time. Irregular inspection is to temporarily organize inspection teams to conduct inspections in order to understand the implementation of a certain regulation. The inspection must be thoroughly investigated and understood, and it is not allowed to go through the motions to prevent the inflow form. The problems found out should be dealt with seriously and corrected in time. The second is to establish a reporting system for the implementation of laws, regulations and rules. The traffic administrative organ at a lower level shall regularly report to the traffic administrative organ at a higher level in written form the implementation of the laws, regulations and rules for which it is responsible, and the traffic administrative organ at a higher level shall organize an in-depth investigation of the problems in implementation to solve the existing problems. In this way, it is conducive to the further implementation of laws and regulations and promotes the in-depth development of administrative law enforcement. The third is to establish an administrative law enforcement supervisor system. Mainly from the transportation bureau to send a number of supervisors to supervise the administrative law enforcement activities, in order to urge the traffic administrative organs to correct the specific administrative acts of illegal dereliction of duty in time. The fourth is to implement the law enforcement publicity system and accept social supervision. In accordance with the requirements of implementing the administrative law enforcement responsibility system, establish and improve the "law enforcement publicity". In the previous stage of study, I learned about China's legal system mainly from the historical origin and overall framework of law. Here, I will make a summary of my current study, focusing on my own experience in studying law. Please criticize and correct my mistakes. First of all, the first point is to briefly talk about the legal development history of China. China has a long legal history. The earliest laws can be traced back to the Xia Dynasty, with a history of more than 4,000 years. Because of being in a slave society, the legal theocracy at that time was extremely strong. In the later feudal society, the idea of severe punishment dominated the legal system, and the law gradually became cruel. For example, we all know the most severe death penalty in the history of China, which appeared in the Song Dynasty and was marked by the reform in the late Qing Dynasty. In our contemporary era, the laws we are talking about, in layman's terms, are binding, normative and punitive provisions formulated to maintain normal social order, safeguard normal personal rights and freedoms, and protect the legitimate rights and interests of citizens, legal persons or other organizations. It can be seen that the law is closely related to our daily life. Secondly, briefly introduce the legal status of China. Since the reform and opening up, with the increasingly frequent exchanges between China and the world, coupled with the surge of self-employed and floating population in China, the occurrence of contradictions has increased day by day, and various disputes, damages and lawsuits caused by contradictions have inevitably appeared. Reasonable, procedural and standardized solutions to various problems must be achieved by legal means. In order to solve a series of social problems and better maintain social stability, since the Ninth National People's Congress, the National People's Congress and its Standing Committee have formulated nearly 60 laws and decisions on legal issues, of which most of the basic laws and major laws in the seven legal departments that constitute the socialist legal system with Chinese characteristics have been formulated. These seven legal departments are: Constitution and its related laws, civil and commercial law, administrative law, economic law, social law, criminal law, litigation and non-litigation procedure law. It can be said that China's current legal system is mainly composed of these seven departments, but when it comes to the specific content of China's legal system, there are differences in society, mainly including the following two views: one view is that China's legal system should only include the Constitution and laws, but not other normative documents, that is, the legal system should only be composed of legal norms. Another view is that China's legal system includes not only the Constitution, laws and administrative regulations, but also normative documents such as local regulations, autonomous regulations and separate regulations in ethnic autonomous areas. China's legislative law gives a reasonable explanation to this problem: his main meaning is that laws are made to create norms of rights and obligations, while administrative regulations are made to realize the norms created by laws. It can be seen that China's legal system can only be composed of legal norms, and administrative regulations, local regulations, autonomous regulations and separate regulations in the general sense cannot be part of the national legal system. The third point is about my experience. Through the recent study, I have gained a lot, and I can have an objective and clear understanding of the current situation of legal construction in China. The experience mainly includes the following points: First, I think it is very important to persist in learning legal knowledge. We should always pay attention to learning the law, and don't wait until we need to use the law to realize that our legal knowledge is insufficient, resulting in the embarrassing situation that we hate books when we use them. Second: the purpose of studying law is to understand the law, and the purpose of understanding the law is to learn how to use the law. This requires us to understand the essence of law, the essence of law. I feel that when studying law, I can completely contact my own reality and combine my own experience to read through, understand and run through. Although some legal provisions do not need to be memorized word by word, the context should be understood clearly. At the same time, we need to listen, watch and accumulate more in our daily life. Third, it is: learning the law is important, and popularizing the law is more important! In real life, there are many people who don't know the law. For example, some people know that their rights have been violated, but they don't know how to use their rights to protect themselves, so they have to submit to humiliation, which affects the normal life and work order. Others are emotional and emotional, and it is plausible to break the law; What's more, they treat the law as a child's play and trample on it wantonly. This requires each of us to start from ourselves, use our knowledge of learning the law to publicize it to others, and guide others to consciously learn the law. Only when everyone knows the law can socialist society develop faster and healthier along the road of harmonious society. Especially at the end of this year, the county and township people's congresses in our city will face a general election, which will use a lot of legal knowledge such as election law and organization law. I think this is an opportunity and a test for our employees. On the basis of doing a good job, make full use of your free time, study relevant legal knowledge in a planned and targeted manner, and make preparations to the greatest extent before the official start of the general election. I think we can start from the following three aspects: First, get familiar with the procedures of the general election as soon as possible. The best way is to find and learn the relevant materials handed over in the last year, be familiar with the whole work flow, and draw a flow chart according to your own understanding after understanding the procedure, so that you can see the progress of the future work at a glance and know fairly well. Second, we should not only look at the laws involved in the general election, but also sort out the legal context, the problems involved and the solutions in an orderly way and record them in the notebook, so as to learn more and read more in the future work and deepen our understanding of the law. Third, when studying law, we should highlight the key points. For example, this year's general election will not be exactly the same as in previous years, because our country made certain amendments to the election law and organization law in 2004. Therefore, in the process of learning, we should focus on understanding the places where these laws have been revised, find out the legal provisions before and after the revision, make a comparison, strengthen understanding, deepen our impression, and avoid the phenomenon of copying previous years' practices and leading to mistakes in our work.