The 20th National Congress of the Communist Party of China requires "comprehensively promoting scientific legislation、Strict law enforcement、Justice justice、All the NPC Stayment "。"Strict Law Enforcement" as an important part of the "Sixteen Characters of the Law of the Law",is the key link to promote the construction of China in rule of law。"The world's things,Not difficult to legislative,and difficult to do it。"" enforcement must be strictly strictly evolved from the "sixteen characters of legal system construction",It is conducive to preventing misunderstandings and abuse of law enforcement,The concept of the rule of law in front of the law is reflected。
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1978,The Third Plenary Session of the Eleventh Central Committee of the Party proposed "must strengthen the socialist legal system",and clarify the "Sixteen Characters of Legal System Construction",That is, there is a way to follow、Enforcement will be strict、Enforcement will be strict、Ingenuity must be investigated。1997,The report of the 15th National Congress of the Communist Party of China proposes to "build a country in socialist rule of law",and was adopted by the 1999 Constitution Amendment。2011,The formation of socialist legal system with Chinese characteristics,Great achievements of the rule of law in more than 30 years,The problem that cannot be rely on has been solved basically。2012,The report of the 18th National Congress of the Communist Party of China proposes "New Law Sixteen Characters",But the report still retains the law and it must be based on、Enforcement will be strict、Explanation of violations。until 2014,The "Decision of the Central Committee of the Communist Party of China on the Comprehensive Promoting Several major issues of governing the country Bet365 lotto review in accordance with the law" issued by the Fourth Plenary Session of the Eighteenth Central Committee of the Party "。
2018,General Secretary Xi Jinping pointed out at the first meeting of the Central Committee of the Central Government: "、Enforcement will be strict、Enforcement will be strict、illegal must be investigated 'to ‘scientific legislation、Strict law enforcement、Justice justice、All people's law -abide by the law '‘,Our party is getting deeper and deeply realized,Governing the country and governing the country cannot leave the rule of law。"2020,"New Rule of Law Sixteen Characters" has become one of the "eleven persistence" in Xi Jinping's thinking of the rule of law,"Persist in comprehensively promoting scientific legislation、Strict law enforcement、Justice justice、All the NPC Stayment "。2022,The 20th National Congress of the Communist Party of China proposes to "comprehensively promote scientific legislation、Strict law enforcement、Justice justice、All the NPC Stayment "。
"New Rule of Law Sixteen Characters" marks the qualitative change of the rule of law of the Communist Party of China,Conversion from form of rule of law to substantial rule of law,Realizing the leap -up development of the concept of socialist rule of law and practice。Payment of scientific legislation to ensure legal quality instead of the pursuit of legal quantity,Payment of strict law enforcement guarantee everyone's equality,Case justice through fair judicial security,Social order through the law of abide by the law,Good law and good governance have become the new pursuit of the construction of a socialist rule of law system with Chinese characteristics。
To achieve social fairness and justice with strict law enforcement
As an important content of the "Sixteen Characters of the Law of the Law",Strict law enforcement should implement the concept of equal equality before the law,Taking scientific legislation as the premise,Follow the principles of legal priority,embodies the "strength" and "temperature"。
One,Strict law enforcement reflects equality in front of the law。In history,Bet365 app download Affected by the poor order pattern of the traditional society,"Cases to handle cases" and "handling cases according to rights" have been repeatedly banned。From the planned economy to the transition of the market economy,"Finding Renting" and "Supervision Capture" has also been seen.。For a long time,Law enforcement must be strictly regarded as the basic concept and value pursuit of value and value。But,Law enforcement must be strictly misunderstood and abused,Become a synonym for "enforcement must be fierce"。Take administrative punishment as an example,Law enforcement must be strictly punished by law enforcement personnel、Top Ben punishment,As a result, the penalty is not equal。Law enforcement will be strictly easily leading to excessive law enforcement,Makes case justice from being able to be flexibly realized,Therefore, it is replaced by strict law enforcement institutes。
Its two,The premise of strict law enforcement is scientific legislation。If there is a problem with the legal specification itself,Strict law enforcement often causes universal social injustice。If the law enforcement is in order to achieve substantial justice,instead of following the "evil method",It will cause great damage to the rule of law for formal rule of law。In order to effectively realize the social effect of strict law enforcement,Scientific legislation should be strengthened。On the one hand,It should be modified in time、Law that abolish the development of the times、Regulations、Regulations,Avoid using old methods to manage new things。On the other hand,New law should be developed in time,Confirm the timely confirmation of emerging rights and new legal benefits,Promoting economic and social development。In the era of digital,It should be according to the method of productivity、New changes in production factors and market subject forms,Follow the law of digital economy development,bet365 Play online games Formulate legal rules that are conducive to the healthy development of the digital economy。Should strengthen the filing review,Improve the record review quality and efficiency,Maximum guarantee of strict implementation of the "law"。Improve the legality of government legislation,Specific to formulate the subject、legal permissions、Formulate procedures for review。
Its three,Strict law enforcement shall follow the principles of legal priority。All regulations、Regulations、Normal files, etc. must not be conflicted with the law,If a conflict occurs, you should give priority to law。In modern country,The "conveyor belt" mode of "no law and no administration" is increasingly incapable of actual needs。Administrative organs can develop a large number of rules to actively administrative administration,The number of government legislation far exceeds the laws formulated by the agency of the agency system,The impact on the economy and society is more direct、specific。my country's administrative organs can formulate administrative regulations、Department rules、Local Government Regulations、Administrative specification documents。Administrative law enforcement shall be Bet365 lotto review in accordance with the law、Regulations、Regulations on regulations,But if the lower law is inconsistent with the provisions of the law,It should be given priority to the law。
other,Corission benchmark can also become the basis for law enforcement,but does not have the inevitable constraint effect。Tailoring benchmark is a kind of tailor -made administrative self -control rules within the administrative system,Specifically specifically specifically stipulated the law pre -stipulated in the law,Objectiveization of the standard of law enforcement,Can guide and regulate law enforcement tailoring,Effectively prevent "human affairs" and "money case"。2021,Central Committee of the bet365 Play online games Communist Party of China、The "Outline of the Implementation of the Construction of the Government of the rule of law (2021-2025)" issued by the State Council proposes the "Full Implementation of the Priced Foundation System for Political Tailors",The "Administrative Penalty Law" revised in the same year wrote the "Standards for Administrative Penalty Corruption" to the law。What needs attention is,The formulation procedure of the current decoration benchmark is relatively simple、The supervision mechanism is not good yet,and may be too limited to the law enforcement tailoring space。So,If the law enforcement has sufficient reasons,The benchmark can be removed according to the legal procedure,Save related records。
Four,Strict law enforcement requirements Flexible realization of the substantial justice。Strict law enforcement emphasizes that there are laws must be dependent,Both the offenders should respect the law and fear the law,Feel the "strength" of law enforcement,Let the offenders feel the "temperature" of law enforcement。If the legal rules exist, the content that requires tailoring,It should be based on the specific circumstances for a rational balance,Law enforcement case justice to achieve lenients and strictness。In the practice of administrative punishment,Sometimes strictly applying specific penalties will lead to over -punishment,But because of worrying that he was accused as a private method、Abuse of power,Some law enforcement officers often "dare not get over and half -step" and mechanical law enforcement,Therefore, the administrative penalty is not appropriately reduced or exempted。
For cognitive limitations、"benign illegal" behavior caused by factors such as legal lag,and the subjective malignant、Mild plot、3937_3950,Law enforcement persons shall according to the specific situation of the case,A fair decision from light、Reduce accounts Bet365 lotto review or exempt liability。In the era of digital,Various new technologies、New Industry、New format、New models are endless,Due to legal lag、4268_4287,May not have social harm,Instead, it can meet public interests of social,Should not be strictly held accountable for "one knife and cut"。online ride -hailing cars such as "illegal rise",to a large extent relieves the "difficult to get" and "expensive" and "expensive car",is meeting social needs、It plays a positive role in promoting innovation and entrepreneurship。The "Administrative Penalty Law" revised in 2021 establishes the "first violation can not be punished" system,That is "the first violation of the law and the harmful consequences and the timely correction,You can not give administrative punishment "。"The first violation can not be punished" abandoned the mechanical enforcement of "one penalty" and "punishment",The logic of the unity of formal rule of law and the real rule of law。
"Strict Law Enforcement" requires establishing a sound fault tolerance mechanism for supporting facilities,to encourage innovation、Failure tolerance,Create a strong atmosphere of motivating entrepreneurial officers to start a business。fault tolerance mechanism can enhance the sense of security of market innovation,Stimulate market vitality to the greatest extent。Sand box supervision through continuous improvement,Let the enterprise do not have to worry about severe accountability and boldly conduct innovation tests at a lower compliance cost。For companies that have violated acts,It can be signed by an enterprise to improve the compliance system and sign an administrative law enforcement and reconciliation agreement,After the test period is over, the situation will be gained from the situation.、Reduce or avoid punishment。But,Meskeeping mechanism The pursuit of substantial fairness is not to abandon the form of justice,"False bet365 Play online games tolerance" cannot be a "protective umbrella" for evading responsibility。
(The author is deputy dean and professor of the School of Law of the Central University of Finance and Economics)
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