The eighteen Party of the party to the rule of law and the government has basically completed the establishment of a comprehensive well-off society in 2020, an important goal. At present, comprehensively promoting the rule of law to enter the key period, to accelerate the construction of the rule of law, the task is arduous and urgent and far-reaching significance. At present, China's economic and social development into a new stage, the domestic and international environment is more complex, more challenges. Changing the economic development mode and adjusting the economic structure of the task is more urgent and arduous, and the development of urban and rural areas, the uneven distribution of income, social structure and interest pattern profound adjustment, some areas and some areas of social conflicts have occurred, some areas of corruption is still prone to multiple, law enforcement, administrative omission, and other issues are more prominent.
To solve these problems, to further deepen reform, strengthen the system construction, strengthen the supervision and control of the operation of administrative power, and promote the administration by law, the construction of the rule of law government. Administrative organs at all levels and their leading cadres must correctly view the new changes in the economic and social environment of our country, and accurately grasp the new situation of reform and development, and timely response to the new expectations of the people, and earnestly strengthen the construction of the government's sense of responsibility, sense of urgency and responsibility.
One is to accelerate the construction of the rule of law government is to comprehensively promote the rule of law, building a socialist legal system of socialism with Chinese characteristics important content. "Decision" clearly put forward: "to comprehensively promote the rule of law, the overall goal is to build a socialist legal system with Chinese characteristics, building a socialist country under the rule of law." At present, the socialist legal system China characteristics has been formed, the whole legal basis to solve the problem, but the law and lax enforcement of the law is not considerable problems still exist, serious damage to the constitutional law authority and dignity. As the executive organ of the state power, the administrative organ bears the important responsibility to carry out the constitutional law, and is the important subject of the implementation of the constitution law. The enforcement of the administrative law enforcement level directly relates to the implementation of the law, the public trust of the party and the government, and the realization of the goal of governing the country according to law depends largely on the progress and quality of the construction of the government by law. Governments at all levels must adhere to the rule of law, according to the law, according to the law, adhere to the rule of law, the government, the rule of law and social integration of the requirements, and further promote the law, and earnestly implement and take the lead law-abiding, to improve the government's approach to governance, to ensure the full implementation of the strategy of governing the country according to law.
Two is to accelerate the construction of the rule of law is a comprehensive building a moderately prosperous society, the urgent need to deepen reform. Comprehensively build a moderately prosperous society and comprehensively deepen reform must strengthen the rule of law. General secretary Xi Jinping stressed that all major reforms are to be in law, in the whole process of reform, must attach great importance to the use of the rule of law and the rule of law, to play a leading and promoting role in the rule of law, to strengthen coordination of the relevant legislation, to ensure that the reform of the rule of law. At present, the comprehensive construction of a well-off society into a decisive phase, the reform into a crucial period and the deep water area, the reform and development of a stable task of unprecedented, unprecedented challenges of conflict risk. In the face of new situation and new tasks, governments at all levels should be more aware of the development and reform of the reform, the use of governance measures to crack the problem of development and reform, with the rule of law to protect the development of reform and reform. With greater determination and more effective measures to speed up the construction of the rule of law, to build a moderately prosperous society, comprehensively deepen reform to provide a solid institutional support and a strong legal protection.
Three is to accelerate the construction of the rule of law government is to safeguard the legitimate rights and interests of the people, to achieve social justice and social justice system. Equity and justice is the inherent requirement of socialism with Chinese characteristics. "Decision" stressed the need to strictly enforce justice and law enforcement to safeguard social fairness and justice. Law is a code of conduct for the whole society. It is the best regulator to coordinate different interests. It is a powerful guarantee to safeguard the legitimate rights and interests of the people and achieve social justice. Through the construction of the rule of law, promote the formation of the overall, comprehensive and reasonable system arrangement, to achieve strict standards and civilized law enforcement, strengthen the supervision and control of administrative power, to ensure the full implementation of government functions, to promote various interests according to law, various social affairs management according to law, is conducive to promoting social members enjoy the right to exercise their rights, to fulfill obligations, to assume responsibility, so as to promote the realization of justice in the whole society.
First, the full implementation of government functions in accordance with the law
Fully and properly perform the functions of the government is the core part of government and market, government and society, the "decision" focusing on China's development and reform, expounds the general requirements fully and properly perform administrative functions, to accelerate the transformation of government functions, further decentralization, better play the direction role of government.
One is to improve the legal system of administrative organizations and administrative procedures. The legal system of the administrative organization and the administrative procedure has been one of the important legislative contents in the legal field. "Decision" to emphasize the promotion agency, function, authority, procedure, responsibility, is the legal system of the administrative organization, which is the weak link in the current legal system. To fully perform the administrative functions according to law, no administrative organization to support the full implementation of the functions of the executive government is also difficult to achieve. "Decision" proposed the administrative procedure system. Our country's administrative management has always been a heavy entity light procedure, neglect the procedure is a universal phenomenon. "Decision" in many aspects of the program, for example, the perfection of the decision-making process, focusing on the program system. Therefore, these two legislative tasks are very targeted, and it is of great significance.
Two is to adhere to the statutory duties must be, law without authorization shall not be. These two words stressed the government's bottom line. "Statutory duties must be" for the phenomenon, "law and no authority can not be" for the problem, refers to the executive authority beyond the authority. That is to correctly handle the "open" and "close" relationship, do addition and subtraction by "three", "reduction", is to further decentralization, improve administrative efficiency, should be put to put, reduce government intervention in economic and social affairs micro; "plus", is the optimization of government services, the management of what good, the government impetus turn to remedy market failure, maintain macroeconomic stability, strengthen market supervision, to ensure fair competition; "take", is to enlarge the market and social vitality, market and society give more autonomy, do their duty, On your marks. In Shenzhen, for example, as the country's first rule of law government pilot cities, Shenzhen, the relationship between the government and the market, the idea is very clear. Shenzhen implementation of commercial registration system reform, according to statistics show that Shenzhen's new registered commercial entities 630 thousand, an increase of 105.2, 93% per thousand people have commercial entities, ranking first in the country.
Three is the implementation of the government power list system. At present, some of the boundaries of government power is relatively vague, and some cross even dislocation, the grassroots and the people of the opinion is relatively large. On the one hand, the boundaries of external power should be clear. To clarify the boundaries between government and market and society, the government's responsibility should be six aspects, such as plan formulation, system design, market supervision, public service, environmental protection, social governance and so on. For market players to be able to decide, the market competition mechanism to regulate, social organizations or intermediary organizations to self regulatory matters, to the market or social commitment. Within the boundaries of the responsibilities should be clear. The boundary between the departments, the level of responsibility must be clear. Otherwise, either is the regulatory gaps, or is the bull management, easy to lead to the responsibility of the ball, the benefit of the grab cake.
The four is the government administrative standardization, legalization. In the traditional administrative management system, all levels of government power highly isomorphism, what is the central mechanism, where there is what led to the division of powers, the central and local governments is not scientific, they often lead to mutual buck passing. The "decision" standardization law of all powers to clear responsibility, to bear the differences between different levels of government.
Two, improve the decision-making mechanism according to law
One is to take public participation, expert argumentation, risk assessment, legal review, collective discussion to determine the statutory procedures for major administrative decision-making. For major decisions, China has always insisted on the principle of democratic centralism, major decisions must go through leadership collective discussion before the introduction, but because of the number one power is too large, so the discussion process of some major decisions often become the "number one", "number one" What I say goes. "once the complete control of the important decisions. The pursuit of performance is likely to" political project ", if we seek private points will lead to collusion, corruption, and regulatory supervision mechanism is not in place, it will form many netizens described as" take three "phenomenon.
Two is to actively implement the government's legal adviser system. The fourth plenary session, and actively implement the system of government legal adviser. Justice Zhao Dacheng, Deputy Minister of the central Taiwan reporters in an interview, said: the Ministry of justice began to explore the establishment of this system over a dozen years ago, the judicial administrative organs in accordance with the central government to further promote the requirements of law, and constantly strengthen and improve the work of legal advisers, including the government's legal counsel, in particular, to do a useful exploration of public lawyers, lawyers do government legal advisers have a unique advantage." Because the lawyer contacted the social problems of the numerous, many practice of economic and political, cultural and ecological civilization, he contacted, understand, familiar, plus he has knowledge of the law, he can provide valuable help and advice for the government's macro decision-making, so the staff, consultants, helper the other is that many people do not have.
Three is the establishment of a major decision lifelong accountability system and the responsibility investigation mechanism. The key to put forward eighteen Fourth Plenary Session of the "establishment of a major decision lifelong accountability system and responsibility investigation mechanism" in the "life" two words, although China has already set up the responsibility system, but often only officials during the reign of accountability, and once retired or retired, generally no longer held. With the "lifelong" two words is not the same, as long as the appropriate decision-making or dereliction of duty and other causes of major decision-making mistakes, no matter how many years after, is serving or retired, leaving, no matter where you are, should pay the legal liability of the wrong decision. If these requirements are to be put in place, will fundamentally eliminate the above said "take three" ills.
Three, deepen the reform of administrative law enforcement system
One is to promote comprehensive law enforcement, focusing on food and drug safety, agriculture and forestry, water conservancy and other fields, the conditions of the field can be implemented across the Department of comprehensive law enforcement. As we all know, because of the existence of cross law enforcement powers, individual area law enforcement team often mutual shirk situation, brings negative influence to the government as ". Such as chemical plant sewage, resulting in irrigation water and drinking water pollution, nearby villagers to report, in the end to which department, because this relates to the safety of production departments, agriculture, forestry and water conservancy departments, resources and environmental departments, and due to the existence of law enforcement blind, it is easy to play ball treatment. And to promote the comprehensive law enforcement, not only can improve the efficiency of law enforcement, the integration of law enforcement forces, more bad atmosphere between the law enforcement departments to evade each other.
Two certificates. Contract workers, temporary workers figure appeared frequently in recent years a number of public events, many public events in malignant contract or temporary workers to become the administrative law enforcement departments to evade legal responsibility "shield", like the 5 - 31 Yanan city people on the event is a typical example. The certificates will ensure civilized law enforcement.
Four, adhere to the strict norms of justice and law enforcement
First, the strict implementation of major law enforcement decision system audit system. "Legal system audit system" in our country is the first time to put forward. In reality, there are many uncivilized law enforcement phenomenon. Such as the recent Hunan Huarong County, the "public arrest and sentencing" event, open tumbrils parade. The implementation of "public trial" system in our country, the implementation of this system is the public can apply to our present in the courtroom, and in 93 years, the supreme law of the Supreme People's Procuratorate and the Ministry of Public Security jointly issued a "provisions of the death penalty criminals are paraded through the streets, on the other, and all detainees convicted offenders are allowed" Hunan Huarong, paraded through the streets of this "public arrest and sentencing" phenomenon is not suspected of civilized law enforcement. With a major law enforcement decision system audit system, you can avoid such uncivilized law enforcement behavior. At the same time, the decision on how to protect the justice of law enforcement has made a number of useful provisions, such as the requirements of the establishment of the whole process of law enforcement records system, etc..
Two is the establishment of a sound administrative discretion benchmark system, detailed, quantitative administrative discretion standard, the scope of the specification, type, amplitude. Abuse of discretion, colleagues of different penalty, punishment jichongjiqing, unfair justice, but also the masses of a prominent law enforcement problem strongly. To formulate reasonable standards of discretion in law science, administrative punishment range, according to the principle of punishment fairly, with the economic development and administrative case etc., detailed and quantitative administrative discretion standard, specification, type, scope of discretion range, provide basis for the impartial law enforcement system.
Five, to strengthen the administrative authority of the constraints and supervision
One is to form a scientific and effective power control and supervision system, and strengthen supervision. Strengthen inner-party supervision, supervision by the people's Congress, democratic supervision, administrative supervision, judicial supervision, audit supervision, social supervision, public opinion supervision system construction, and strive to form a scientific and effective power control and supervision system, strengthen supervision and effectiveness.
Two is to strengthen the internal power of the government. Allocation of financial funds, state-owned assets supervision, government investment, government procurement, public resource transfer, public projects are major sensitive projects, due to excessive concentration of these departments and positions of power, it is easy to breed corruption, prone to major cases, woan. And the restriction of internal power is an important means to eliminate the abuse of power. Therefore, must carry out the job, exercise Gang set right, hierarchical authorization, regular rotation, strengthening the internal control process.
Six, comprehensively promote open government
Adhere to the public as the norm, not open to the principle of exception, and promote public decision-making, the implementation of open, public management, service, open the results. All levels of government and its working departments on the basis of the list of powers to the public the full disclosure of government functions, the legal basis, the implementation of the main body, responsibility, management processes, supervision and other matters. Focus on promoting financial budget, public resource allocation, major construction projects approved and implemented, public welfare undertakings and other areas of government information disclosure. Normative documents relating to the rights and obligations of citizens, legal persons or other organizations, in accordance with the requirements and procedures of government information disclosure. Implementation of administrative law enforcement publicity system. Promote open government information, to strengthen the information service platform for the Internet government information service platform and convenient service platform.
Administration by law and building a government ruled by law is a difficult and complex task. Governments at all levels should conscientiously sum up the experience of promoting the administration according to law, deepen the reform of administrative system, change government functions, and establish and improve the government decision-making mechanism of legal, democratic and scientific. Only the overall planning, grasp the key, break through the difficulties, improve the mechanism, in order to build a socialist harmonious society to provide a strong guarantee for the construction of the rule of law government.