Hercynian construction administrative services to promote law

[Abstract] Administration to adhere to the Law, service Hercynian building, to be the guidance of scientific concept of Development, further implement the State Council <"On the support the Economic Zone in Fujian Province to accelerate the construction of a number of observations>" and "<comprehensively promoting Administration according to Law Implementation Program>> to focus on strengthening the supervision and further transform government functions, improve the administrative decision-making mechanism, regulate the administrative power operation, maintenance, management of social order and improve the level of Administration according to Law. This paper analyzes the current administrative practice Law the main problems, of promoting Administration according to Law, the service Hercynian building of specific measures. comprehensively promoting Administration according to law intended to build rule of law and government, responsible government, and the sun government, limited government, a clean government, honest government and the effectiveness of the government. for the Hercynian and create a favorable legal environment.

[Keywords:] according to law, rule of law, government, construction Hercynian
Administration according to law is a modern market economy countries generally follow the rule of law, but also the modern concept of government management and administration major changes, requiring the executive to the source of all power, running and monitoring should have a legal basis. Here's the "law" major refers to the administrative organization law, administrative law and administrative supervision law behavior. Hercynian accelerate the construction of the CPC Central Committee and State Council take major strategic decisions of cross-strait relations is to improve the layout of coastal economies and promote Hercynian and other areas where Taiwan investment is concentrated Development of the major initiatives is to strengthen cross-strait exchanges and cooperation and promoting China's peaceful reunification of the strategic plan. In order to implement the State Council <"On the support the Economic Zone in Fujian Province to accelerate the construction of a number of observations>" and "<comprehensively promoting administration according to law to implement Outline>>, the implementation of <<Construction Economic Zone in Fujian Province Outline>> and speeding up the administration according to law, the process of construction of government by law, we need the guidance of scientific concept of Development to strengthen the supervision and focus on further transform government functions, improve administrative decision-making mechanisms that regulate administrative power to raise the level of administration according to law, safeguard social management order, the rule of law and create a favorable Hercynian environment.

First, the current administrative practice law Problems
Since the party's fifth that "the rule of law and building a socialist country ruled by law" the law of the land, China's great achievements made in the construction according to law, and accumulated valuable experience. But the achievements and challenges co-exist, the opportunities and challenges, power and resistance co-exist, urgency and long-term co-exist. to the rule of law in 2013 to achieve the Government's ambitious goal of building is very difficult. mainly the following aspects.

(A law-based administration system that is not, and the existing administrative system and the transformation of government functions has not yet formed a full range of docking, and according to law and Economic and social Development of the relationship between the clear understanding, and even that would impede the administration according to law reform and opening up and the Channel West Bank Economic Zone. according to law, said it important, but doing it the secondary, mouth "rule of law" is still the traditional "rule of man" routine.

(Two on the legality of executive decision-making, democratic, and scientific attention is not enough, imperfect decision-making process, decision-making accountability mechanism is not perfect. A "making decisions, racking our brains to do things, each of the offerings, problems, making bottom" of the undesirable phenomenon. administrative decision-making errors occur frequently, to the economic and social Development and the interests of the people to cause significant losses.

(C executive, legislative and administrative development of normative documents the existence of the interests of local protectionism and the tendency of departments to develop procedures are not standard. Some do not attach importance to decision-making on major issues before the public notice, without public hearings, feasibility studies and seminars will, contrary to the principles of democratic legislation, the lack of transparency and public participation, lack of adequate experts. of these "local policies", "indigenous methods", under penalty of management advice relative large, to some extent hurt the feelings of the masses.

(D lax enforcement, impunity of law enforcement for personal gain widespread, the lack of strict enforcement responsibility system. Individual law enforcement officers are accustomed to shaking power and prestige, playing privileges, seek personal or departmental interests, even in a few localities and departments formed the case for the resources to law enforcement as a means of law enforcement Hu, illegal support law enforcement, law enforcement and interdependence, the vicious circle of black "law enforcement industry." vigorously money, wantonly taking bribes, not to benefit does not work, given benefits of random things. Some violations of the law enforcement agencies of law enforcement procedures, there is no enforcement power of the farmers hired as bait, to engage in "fishing law enforcement."
(E Government to solve contradictions and disputes mechanism is not perfect, the lack of communication between relevant departments to coordinate their own way. Letters, mediation, dispute resolution such as the lack of review of convergence and integration, which restricts the function of government to resolve social disputes in full play. In some areas of social security understand the importance of holding stability and lack of comprehensive management, and some groups of the Chief Executive to handle unexpected events is not strong, and some executive interference with the judicial power of the ruling People's Court has to be addressed in force again to solve the case.

(F contrary to the principles of rule of law and orders not uniform smooth quite conspicuous, as counterpoint conflict with the host wears, the same order between the conflicting legal norms, orders and prohibitions not undermine the principles of legal authority. Some ministries and regulations violation of state law. as in 2000, the State Administration of Quality Supervision, violation of <<Product Quality Law "> provides exemptions for food inspection and the introduction of departmental rules, result in" Sanlu poisonous milk powder "serious incident.

(Vii executive constraints, supervision mechanism is not perfect, resulting in administrative decision-making power in the executive, administrative legislation and developing administrative normative documents, administrative law, administrative justice and other aspects of the abuse of a considerable degree. The executive and legislative pay more attention to civic responsibility to set ignore setting government responsibility, a number of standardized government behavior, norms discretion comprehensive and timely introduction of laws and regulations is difficult, a number of single laws and regulations the provisions of the Government's responsibility is blank or too soft does not have a virtual deterrent. Some of the administrative law enforcement is too attention to the exercise of executive power, do not attach importance to bear administrative responsibility. units of internal supervision by the department as "benefits associated with" the impact of non-existent, despite the external oversight body more, it is difficult to form a monitoring force, the effect is poor.

(Viii uneven quality of public service law, administrative law concept is not strong, level and ability of law enforcement urgent need to further improve. Some people usually do not pay attention to political theory and legal knowledge of learning, not lofty ideals and goals, a sense of purpose is not strong. In the "master" and "public servants" in no position itself. Some leading party and the people for their abuse of power, corruption, bribery, mistresses, the "rule of law" and "rule of man" issue, the platform stresses "the rule of law "the audience to engage in" rule of man ", and lack of knowledge of the rule of law, the error that the rule of law governing the people, Zhi Shi, not to government officials the right to rule. In the" policy "and" legal "relationship, not from the simple" act in accordance with policy, "it is necessary to transition to" act in accordance with the policy "should" according to law, "but mainly according to law, because the law relatively clear and specific, and focused program. Some of the work of law enforcement officers is simple, rude.

The existence of the above problems, to some extent undermined the interests of the people and the government's image, impede economic and social development.

Second, law administration, service specific measures for the construction of Hercynian
(A building around the Hercynian efforts to improve the level of administration according to law
Active docking, and strive to make "second Five-Year" plan preparation. Based on reality, based on the overall layout of the Hercynian building, collective wisdom and foresight to plan for development blueprint, and play at the provincial level according to the county executive demonstration of radiation leading role to strengthen the Provincial promoting administration according to the guiding demonstration counties, in-depth Research exchanges, and promote bold and innovative demonstration counties, radiation driven grassroots Government Administration. continue to strengthen the work of promoting administration according to performance evaluation, the establishment of the rule of law index system of government construction, municipal and county governments to explore the legal system to carry out theory building, theory with practice, and according to law and government legal work on major issues and countermeasures of the forward-looking Research, theoretical innovation by further guidance and promote the work.

(B deepen the reform innovation, and further transform government functions
Public officials change ideas should be thoroughly and firmly establish the purpose of serving the people wholeheartedly awareness, establish for the public, law enforcement people, ideas, people-oriented. Change "bureaucrats" for the "public servants", change "management" to "service" . bold reform and innovation, and further transform government functions. to strengthen the economic performance of the tracking analysis, the integrated use of a variety of economic regulation and means to address the transformation of economic development in the process of key and difficult issues, to maintain sustained, Healthy and stable development of economy and society. accelerate reform of government institutions to deepen institutional reform of the county towns and small cities and towns institutional reform, to further promote the work of reforming institutions. promote the reform of market allocation of public resources, focus resources, speed up the monopoly, public utilities and public service sectors and the diversification and continuing to expand market allocation of public resources in areas, and gradually extended to the grassroots. If the implementation of prospecting and mining rights "bidding, auction" to sell the system to further standardize the mining rights market. departments should continue to focus on management of market intermediaries, consolidate and expand the government and intermediary organizations, "four separate" work, study and formulate <"Market agency management approach>> to promote the Healthy and orderly development of intermediary organizations. for further reform of administrative examination and approval system to reduce the approval, simplify procedures, strengthen supervision and inspection, and gradually improve the supporting system, strengthen the follow-up supervision, continue to improve and expand the Administrative Service Center "One Stop Shop" model and the standardization of administrative services practice. meet the network needs of the times, actively promote the online approval, online work, online services , truly benefit the public. continue to promote the use of administrative guidance, etc., to achieve the combination of management and service. adhere to the "open, fair and just" principle, only the truly open and transparent, fair and equitable only, to get the support of the masses support. To further improve the administrative affairs, in particular the implementation of major public policy decisions and plans to continuously strengthen the system of handling affairs openly, in an effort to promote government, school, factory, hospital and public enterprises, public service work. further improve press releases and spokesman for the system. continue to do the work of government Information, and improve disclosure and directories, standard and open formats, widens public content, and increase efforts to take the initiative to open and properly handle the matter according to application open, and gradually improve the supervision and guarantee mechanisms. Construction of the sun extremely transparent and accountable government for the people.

(C improve the decision-making mechanism, promote the legal, scientific and democratic decision-making
Listen continue to improve administrative decision-making, expert evaluation and the system of collective decisions. Establish and improve the major decisions and major projects of social stability risk assessment, and effectively do the work of social stability risk assessment. Further enhance the work of the initiative and focus, improve work ways and means to do a good job on the legality of a major review of administrative decisions, a significant positive economic and social activities for the provision of legal services. establish a sound decision-making on major issues tracking, performance monitoring and problem handling, decision-making performance assessment carried out. Strengthening the supervision of decision-making, clear accountability of the principal decision-making and authority, object and scope, procedures and forms, arbitrary decision-making, making illegal, ultra vires decision-making, decision-making errors and causing heavy losses, to be held responsible decision-making bodies and relevant laws responsibility. Links to Research Papers Download http://www.hi138.com (d strengthen the system, and enhance the legal support for the construction of Hercynian
In "<Constitution>" and "<Legislation Law"> authorized within the scope of the executive and legislative work to do, a good grasp of Hercynian development of normative documents needed to formulate and revise, strengthen exchanges and cooperation with Taiwan-related legislation in the field of strengthen the legislative Research, pilot, innovation, continuous improvement and innovation of legislative measures to improve the level of Taiwan-related legislation work for cross-strait economic and trade exchanges and personnel exchanges to provide legal services. improve the quality of regulatory documents. improve the important normative documents comments and opinions adopted by the feedback system to ensure the legitimacy of normative documents and maneuverability. After the implementation of normative evaluation system, there is an important key to select one or two after the assessment of normative documents. strictly <<Fujian normative documents for the record executive Review>>, enhancement of regulatory documents for the record review, continue to do clean-up and compilation of regulatory documents.

This document refers to the normative state administrative organs and regulations for the implementation of laws and regulations, implementation and management of the community, according to the legal rights and legal procedures and norms issued by citizens, legal persons or other organizational behavior generally binding decrees. It belongs to the abstract administrative behavior, is a legally binding national decree. It is tailored to Chinese conditions, to solve social problems, and overwhelming in number, at all levels of government and its departments have the power to enact. National 2053 counties, 40,161 townships mainly relied on to solve the problems of the grassroots. Strictly speaking, administrative regulatory documents do not belong to the scope of the executive and legislative. But today, tomorrow, the administrative regulatory documents may rise to become the executive and legislative regulations.

(E specification of powers, and promote open and transparent administrative enforcement
The focus of administrative law that restricts executive power, executive power must be fully normative activities. Development <<norm of administrative power to run the work program>> in the specification of the executive administrative power to carry out the work, the introduction of the norms of administration is supporting the open system mission system, evaluation system, an accountability system, deepen the Independent risk control mechanisms. full implementation of the <"On further standardize the administrative enforcement notice>> strictly administrative law enforcement, standardize administrative enforcement procedures, the establishment of relevant administrative law enforcement system, and maintain citizens, legal persons and other organizations of the legitimate rights and interests. to promote e-government construction, building e-government sunshine online operating platform. will regulate the concentration of executive power run into the platform, run, and vigorously promote the electronic monitoring. according to specifications act of administrative discretion. for the implementation process problems and lack of Research related to the introduction of the regulatory regime, conditions are ripe to regulate matters of law enforcement agencies from the administrative examination and approval, and gradually to the administrative levy administrative penalties, administrative enforcement, administration and other areas of expansion confirmed. continue to promote the work of a relatively concentrated administrative punishment . to strengthen the guidance conditions are ripe for the county (city to carry out the relative concentration of the exercise of administrative penalty, to strengthen forest law enforcement and other departments to pilot comprehensive guide. improve the qualification system of administrative law enforcement, law enforcement agencies to further clean up the employment contract, temporary law enforcement issues, promptly issue a new permit law enforcement, and improve administrative law enforcement personnel qualifications and document Information management system and a unified government portal of external publicity, and accept supervision. further establish and improve the responsibility system of administrative law enforcement related support systems. the development of administrative law enforcement investigation files comments programs, explore the establishment of mechanisms for administrative law enforcement investigation files of assessment, coordination of administrative law enforcement and administration of Enforcement Evaluation and accountability mechanisms to further improve the treatment of major administrative decisions, commission and other law enforcement record review. intensify administrative supervision of law enforcement, and actively use legal measures to protect standardized operation of administrative power.

(Vi actively expand the channels of accountability to strengthen the supervision of administrative acts
Administrative accountability system on the government and its Civil service system of accountability. The essence of public power authority to supervise and carry out accountability for negligence, is the concrete manifestation of the form of responsible government, with the ultimate aim is to ensure the normal operation of government systems, containment power corruption and protect public interests from loss or damage is minimized. At present, the discipline and state laws related to administrative accountability, administrative regulations have <"On the accountability of party and government leaders to implement the Provisional Regulations on Selection of Leading Cadres >>,<< appointment of the Chinese Communist Party Regulations on Disciplinary Regulations >>,<< >>,<< Civil Service Law >>,<< Administrative Licensing Law >>,<< promote law implementation outline> "and" "Public Health Emergency Ordinance> > and so on. administrative accountability system in our late start, still not perfect, there is absence of the main body, the object is unclear and the subject matter is too narrow and so on. where the sudden public incidents, where officials will be dismissed.

Must gradually build from the inside and outside the person, the legislative, executive, judiciary, the people and the media, interconnection network, composed of all-round, multi-level multi-channel system of administrative accountability. To administrative accountability and administrative supervision, performance monitoring combined. all government departments must conscientiously accept the supervision of the NPC and the work of legal, democratic supervision, the supervision of the people's court according to law, strengthen cooperation with NPC deputies and CPPCC members to contact and communication, initiative and answer questions. earnestly implement the <<the executive authorities Administration responding to regulations>>, to develop a good habit of acting according to law, to promote administrative organ shall be the respondent court, enhance their legal awareness, maintain the dignity of law. improve the government's legal and administrative trials interaction mechanism, common to resolve administrative disputes, the establishment of scientific audit and supervision mechanism, strengthen the people's livelihood, audit and performance audit, pay attention to structure, mechanism, system and policies and measures levels of discovery and analysis of issues. strengthen the government's legal supervision, continue the interests of broad masses of people directly involved in the monitoring of the implementation of laws and regulations inspection and special supervision.

(Vii preventing and resolving disputes, maintaining social stability
Conscientiously implement the <<Petition Regulations>> and continue to petitions according to law to implement the "road map" grasp the full implementation of the prevention, investigation and grasping, grasping resolve, focus on investigation, grasping the responsibility of the working mechanism, and further form a joint management effort, the implementation of comprehensive management, create safe communities. earnestly implement the prevention and disposal of doctor-patient communication and mediation of disputes within hospitals, emergency response linkage, third-party medical dispute mediation, medical liability insurance, medical assistance mechanism, solid progress, "five in one" long-term mechanism building. strengthen the building of the administrative review organizations, and increase administrative reconsideration work to further smooth the administrative review channel innovation system, improve processing methods, improving quality of handling cases, to effectively resolve administrative disputes, the administrative review and give full play the role of the submissions and recommendations . improve the work of administrative reconsideration and Letters coordinating mechanism to address the masses "letters do not believe in Law," "go to the mayor not to look for the court," the real problem, and guide people through the legal channels to resolve disputes, reduce the province went to Beijing to petition and emergency groups events. active in the relative concentration of the right to administrative review pilot. to further expand people's mediation and administrative mediation and judicial mediation of the convergence field, to deepen the concept mediation, construction mediation patterns, and explore the establishment of the basis of people's mediation, administrative mediation and judicial mediation closely with the social conflicts and disputes and mediating mechanisms.

(H strengthen organization and leadership, continue to promote administration according to law
Party committees and governments at all levels to strengthen organizational leadership, improve thinking and understanding. Things about the legal basis for enforcement in accordance with statutory procedures for dealing with the problem consider the legal consequences. Continued, "popularizing" propaganda and education, all levels of government executive meeting of the full implementation of the study of law system. Conscientiously study <<people's congress supervision law, property law >>,<< >>,<< Tort Law "," and "" Are Government Information Public>> and other important laws and regulations. continue to strengthen the administrative organs according to law the training of basic legal knowledge . establish and improve pre-service and new cadres of Civil servants employed legal knowledge test system, strengthening the rule of law and administrative agency staff for business training law enforcement personnel. may invite legal experts and scholars to carry out legal education and training, especially leading cadres at all levels to carry out special legal talks, leading cadres to improve governance by law and the ability of administration according to law. In a new round of government institutional reform and overall strengthening of the government legal agencies cadres, focused on solving the county government issues legal institutions are not perfect. According to the provincial government plans to carry out county government departments, and with part-time legal member of the township government pilot project. in accordance with the principle of graded responsibility to develop a detailed training plan, to further strengthen the legal system of city and county agencies, legal departments of staff training to improve their operational capacity and law enforcement. conscientiously implement the work of promoting administration according to the periodic reporting system. continue to promote the work of supervision and inspection according to law, sum up, exchange, promotion of legal administration work experience, improve the level of government according to law.

In short, according to law is a basic principle of government work. Administrative law enforcement is the key to administration according to law, on the control and supervision of administrative power is the core of administration according to law. Comprehensively promoting administration according to law, covering all aspects of government work, the need for systems, departments complement each other and work together, strengthen responsibility, strictly according to law, sound the alarm bell. to that power comes responsibility, with the right subject to supervision by the accountability law, tort shall be compensated. Hercynian building for the convoy escort .

[Reference]
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2, "<Fujian Province, according to law in 2010 to promote the main points of>> contained in the <<Fujian Provincial People's Government website>>
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