Improve the foundation of the rule of law in the society of a well -off society
September 16, 2020 08:40 Source: "China Social Sciences" September 16, 2020 Total Issue 2012 Author: Yang Kai

improving the public legal service system is a country in rule of law、Government of rule of law、An important way to develop the integration of the rule of law society。Public legal services are an important part of the government's public service functions,It is the basicness of governing the country in accordance with the law、Service、Affordable work。Service government is one of the basic characteristics of the modern government,Scope of the basic rights of citizens、Implementation effect,It is an important indicator for measuring the construction of the rule of law。Citizen's public bet365 best casino games legal service acquisition right,refers to public legal services provided by citizens to enjoy and obtain the government and related subjects,and evaluate the service、Supervision and other series of rights general names,It is the main channel of rule of law construction in the new era to consolidate the foundation of the people in accordance with the foundation of the country。The 18th National Congress of the Party、The reports of the 19th National Congress of the Communist Party of China all regarded a well -off society as the first task and overall goal of "the first century -old struggle goal",To achieve the grand goal of building a well -off society in an all -round way,Urgently need to use the legal theoretical research and application of the right to obtain the right to obtain modern public legal services as the foundation of the rule of law in a well -off society in an all -round way。

 bet365 Play online games

In recent years,Smart Court、Smart Inspection、Non -contact mediation、Blockchain+Internet arbitration、Online notarization and other convenience、Intelligent legal service construction has been continuously developed。Especially during Bet365 lotto review the new crown pneumonia epidemic,The Supreme People's Court issued the "Notice on Strengthening and Standardizing Online Litigation of New Crown Pneumonia Epidemic Prevention",The practical application of the online lawsuit has been promoted,Make the online case and online court trial quickly popularized。Next,Realistic problems that cannot be avoided in the post -epidemic era that cannot be avoided in the normal development of online litigation is,Citizen's ability to implement in electronic lawsuits is insufficient、Issues obtained from unequal legal help。The development of the integration of law and technology is gradually moving towards convenience、Intelligent at the same time,Can't ignore the development of equalization of public legal services。A comprehensive public legal service system through a series of optional legal service products,It is an individual with different legal implementation capabilities,Especially the elderly、Groups with weak persons and legal knowledge provides a way to get close to justice,Draw the "Digital Justice Glutter" caused by the digital age。Although at the construction level,"Taobao" public legal service platforms in various places、​​"One -stop" litigation service center、"One Netcom runs" government affairs center, etc. The public platform that provides related convenient legal services has been vigorously developed,But the absence of the legal system cannot fundamentally guarantee that these services will not return to heavy management and light service、Old roads that are responsible for strong power and light responsibility。

Current,At the theoretical level,The existing public legal service system research focuses on describing rather than discussing,Pay attention to management research on the perspective of research and despise legal research,Research on the functional positioning of public legal services bet365 best casino games leads the research on the basic concept of public legal service ontology and the study of the basic rights and obligations of citizens to obtain public legal services。At the institutional level,Regarding the public legal service system provided by the state is mainly composed of a series of policy documents from various party and government agencies,There is no legal status for national legislation to establish public legal services,Need to follow the basic attributes of rights、Standard Basic Structure Theoretical Research,Further refine the practical experience and practices of various local practice under the premise of laying a good theoretical basis,Ascending the legislative system that takes into account the actual operability and the forward -looking development of the times。

  The right to build the foundation of the rule of law in Xiaokang society

Although public legal services and education、Medical public services have similar features in promoting citizens' survival and development.,But the three are different in legal origin。such as,Article 45 of my country's "Constitution" stipulates that citizens have the right to obtain material help,and the country's development of social insurance、Social relief and medical care obligations; Article 46 stipulates that citizens have the right to educate。Based on this,Obtaining material assistance and the right to educate is considered the basic right to be given by the constitution。Although among the specific products of public legal services,Publicity and Education of the rule of law is similar to the educational function provided by the state,The legal aid service provided by special difficulties is similar to social relief functions,But public legal services can cover the two types of the two types as a whole,Therefore,The right to obtain the public legal service of citizens shall be given an independent position。

From the perspective of rights attribute,Public bet365 best casino games legal service acquisition rights belong to the category of social rights。About social rights,Scholar Gong Xianghe believes that it belongs to "the country's material and cultural life actively promoted the state's material and cultural life,Provide the right to provide corresponding services "。Public legal service acquisition rights have social rights attributes,Its essence is the legal service from the state and the government to the legal life of public life,It is a public right,The public as the subject of rights has the right to participate in the sharing of social public legal service resources。At the same time,It is also the right of public law。Related countries and institutional organizations must fulfill the provision of legal service obligations in public law,This right shall be given by the state through the legislative and administrative system。At the same time,The recipient of the service must also bear the corresponding public obligations when enjoying public resources,Do not maliciously use public legal service resources when receiving services,Disrupt the enforcement、Judicial order,such as,Use false evidence to obtain notarization and referee documents。

  Standard structure of the foundation of the rule of law in the construction of a well -off society

1 is to clear the subject of rights and obligations。The subject who enjoys the right shall include all citizens,The subject of the rights and obligations should not only be limited to the judicial administrative agency,It should also include other national agencies and related institutions that also provide public functions to the public with the public functions to the public,and allow social subjects with corresponding service capabilities to participate in the provision of public legal services。

Second, the objective range of clear rights。The scope of the provision of public legal services,You need to distinguish the type of service of Bet365 app download different natures。The scope and level of basic public legal services should adapt to the overall fiscal ability and public service expenditure structure of the country and localities,and should reserve a certain space for future economic growth and scientific and technological development。In terms of non -basic public legal services,The state shall maintain their restraint on the market -oriented development intervention of legal services as much as possible,The system focuses on how to do a good job of marketization and non -market -oriented services,and corresponding service provider's qualifications and credit supervision,and provide one stop for citizens as much as possible、multi -interface service platform,Guarantee citizen's financial ability according to individuals、Selection of the type of appeal selection personalized legal service,Realize citizen's choice of public legal service products。Only on the basis of the objective scope of public legal services that citizens can obtain correctly,can further designate the scope of the right to request public legal service request that citizens can enjoy in this scope。

Third is the procedure system that clarifies the realization of rights。Public legal services involve criminal、Civil、Administrative and other legal departments areas,Passing from judicial administrative approval、Litigation case、Procuratorial Supervision、Government Service、Village autonomy specification formulation、Diversified dispute resolution and other different legal procedures。The design of the procedure system of public legal services should focus on two aspects: on the one hand, the largest number of equivalence of different legal procedures is extracted as much as possible,A procedural jurisprudence reflects the common procedure of the country; the second is to quickly circulate between relevant departments through the request of promoting legal services through the multi -department bet365 Play online games connection mechanism、Seamless docking,Eliminate push。

Fourth is to clarify the borders of rights and power and the consequences of blame。Although the provision of public legal services is part of the public service functions of the rule of law government,But the limited nature of public resources,Service recipients are maintaining public order、Exercise rights within the limit of the use of public legal service resources,Only legitimacy of the right to exercise。such as,Do not maliciously occupy public legal service resources,Do not use false evidence materials to file a case registration or arbitration。The main body of the service obligation,Related state organs and departments and other subjects with public functions except actively fulfilling legal service obligations in the scope of public functions,Do not intervene in citizens' legal service selection rights,Related information resources obtained by the public legal service process to harm citizens' legitimate rights and interests。

In the development process of building a well -off society in an all -round way,All places、All departments、The construction of service products and service platforms related to public legal services in various fields,The corresponding legal norm system needs to follow up in time,The problem that has troubled us for many years of grass -roots social contradictions and disputes to solve the problem of the problem of basic theoretical research reserves of public legal services。Only organic integration of the public legal service system construction practice and the standard theoretical structure of the legal system,Realizing the basic principle of legal、National and local governments' rule of law construction target、The rules of the experience of local grass -roots characteristics Bet365 lotto review governance experience mutually embedded、Interoperability of discourse,Further increase social governance experience into a legal norm system,Only by ensuring the public's public legal services provided by the government at the institutional level,Realize the beautiful vision of pursuing a happy and beautiful life in the new era。

 (The author is professor of East China University of Political Science and Law)

Editor in charge: Wang Ning
QR code icon 2.jpg
Key recommendation
The latest article
Graphics
bet365 live casino games
Video

Friendship link: The official website of the Chinese Academy of Social Sciences |

Website filing number: Jinggong.com Anxie 11010502030146 Ministry of Industry and Information Technology: Jing ICP No. 11013869

All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission

General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: Building 1, Building 1, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026