Policies and theoretical thinking of comprehensive administrative law enforcement power at the grassroots level
March 14, 2024 10:50 Source: "China Social Sciences" March 14, 2024 Issue 2852 Author: Ye Guiren

Grassroots governance is the cornerstone of national governance。Improve the comprehensive administrative law enforcement system of the grassroots level、Regulating the exercise of administrative law enforcement power is an important content of modernization of grass -roots governance systems and governance capabilities。Policies of sorting the comprehensive administrative law enforcement power of the grassroots level,It is of great practical significance for promoting and improving grassroots governance。

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With the acceleration of urbanization process,Urban Management、Law enforcement matters in key areas such as market supervision presents sustainable growth。At the same time,The number and complexity of the contradiction between law enforcement is also rising sharply,How to regulate the administrative law enforcement authority into a problem that is urgent to solve。In this background,March 1996,The "Administrative Penalty Law" came into being。This law stipulates the type of administrative penalties、Set and exercise procedures,For the first time, establish a relatively centralized administrative penalty system。This system allows the government to adjust the exercise of administrative punishment within the government,To eliminate the previous decentralized empowerment、Multi -head law enforcement、Cross responsibility and other disadvantages。April 1996,The State Council issued the "Notice on the Implementation of the" The People's Republic of China Administrative Penalty Law ",It is clearly proposed to actively explore the establishment of an administrative law enforcement system that is conducive to improving the authority and efficiency of administrative law enforcement。November 1999,The State Council issued the "Decision on Comprehensively Promoting the Administration of the Law",Put forward the pilot work of "continue to actively promote the relatively centralized administrative penalty right,On the basis of summing up the pilot experience,Requirements to the Pilot Scope of Expand "。Subsequent,In 2000, the General Office of the State Council issued the "Notice on Continue to Do a Good,​​Deployment of the work of promoting the "relatively centralized administrative punishment right"。In 2002,This decision generally advances the right to comprehensively concentrate administrative punishment,At this time, it is mainly focused on the field of urban management。October of the same year,The Central Committee decided to be in Guangdong Province、Chongqing City Carry out Clean up and rectify the administrative law enforcement team、Pilot work for comprehensive administrative law enforcement,The scope of reform has expanded from the field of urban management to the cultural market supervision、Agricultural Management、Transportation management and other more areas,The focus of reform is also transformed from relatively centralized administrative penalties to comprehensive administrative law enforcement。2003,Central Editors、The Legal Affairs Office of the State Council issued the "Notice on Promoting the Relative Administrative Punishment and Comprehensive Administrative Law Enforcement Pilot Work",Connecting the work of "relatively centralized administrative punishment rights" and "comprehensive administrative Bet365 app download law enforcement pilot"。Since then,Comprehensive administrative law enforcement reform is officially mentioned in the agenda,This can be regarded as further extension and deepening of the reform of relatively centralized administrative penalties。This reform will not only supervise、Punishment、For the compulsory responsibilities and permissions, comprehensively,The functional setting of the relevant departments is still being organized、Institutional settings、Personal preparation for comprehensive adjustment,Its purpose is to solve the long -term "Kowloon Water" phenomenon and institutional expansion problem,To improve the overall efficiency of administrative law enforcement。

But,In specific reform practice,Comprehensive administrative law enforcement pilot work does not meet the expected effect。Due to the hierarchy involved、Department、There are many industry,The relationship between the interest relationship is wrong,In addition,Crossing power and responsibility、Repeated law enforcement and other issues still exist。To solve these problems,Since the 18th National Congress of the Communist Party of China,my country ’s strengthening of the reform of the comprehensive administrative law enforcement system,Promote it as a key task of comprehensive deepening reform and the construction of the government's construction of the rule of law。October 2014,"Decision of the Central Committee of the Communist Party of China on Several Major Issues on Comprehensively Promoting the Governance of the Country in accordance with the law",We must significantly reduce the types of law enforcement teams at two levels of city and county,Exploring sub -field、New mode of comprehensive law enforcement of cross -department。April 2015,The Central Editorial Office and issued the "Opinions on the Pilot Work of the Reform of the Comprehensive Administrative Law Enforcement System",Determine in 22 provinces across the country (autonomous region、Municipality directly under the Central Government) launched a pilot of reform of the comprehensive administrative law enforcement system,thus greatly expand the scope and depth of reform。In the field of urban management,December of the same year,Central Committee of the Communist Party of China、The State Council jointly issued the "Guiding Opinions on Promoting the Reform of Urban Law Enforcement Systems and Improve Urban Management Work",It is clearly proposed to concentrate the right to administrative punishment in the field of urban management law enforcement,and carry out major system reforms at the city and county level,Integrate management and law enforcement functions,Uniformly incorporate urban management agency。In the field of environmental protection,2016,The central government proposes to implement vertical management of law enforcement of environmental protection agencies below the provincial level,Exploring the establishment of an environmental protection agency for cross -region,Receive environmental law enforcement power to the municipal environmental protection department。With the continuous deepening of the reform,The scope of comprehensive law enforcement has also gradually expanded to market supervision、Transportation、Cultural Market、Emergency management and other fields。In recent years,The reform of the law enforcement system is combined with the construction of the grassroots governance system,Pay more attention to the improvement of the comprehensive law enforcement system mechanism at the grassroots level。2021,"Opinions of the Central Committee of the Communist Party of China bet365 Play online games on strengthening the modernization of grassroots governance systems and modernization capacity","According to the actual situation of the local area,Given township (street) administrative law enforcement rights in accordance with the law,Integrate existing law enforcement forces and resources "。This reform measure has been widely promoted and implemented nationwide,Most provinces have successively introduced the decentralization documents of administrative law enforcement rights,The process of promoting the modernization of grassroots governance systems and governance capabilities。

According to the "Opinions on Deepening the Reform of the Township and Township Systems and Improve the Governance System of the grassroots governance" according to the Guangdong Provincial Party Committee and the Provincial Government in 2019 and 2020 respectively, "Announcement on the Comprehensive Administrative Law Enforcement of Township and Township",Located on the market at the local level since 2021, the administrative law enforcement rights decentralized from the town (street)。In the past two years,Some prefecture -levels in Guangdong Province began to re -examine the comprehensive administrative law enforcement rights of the town level at the listing,and gradually recycle。March 2022,The People's Government of Guangdong Province actively responds to the "Notice of the State Council on Further Implementation of the" Administrative Penalty Law of the People's Republic of China ",and put forward implementation opinions,Requires "Promoting the Reform of Comprehensive Administrative Law Enforcement in Township (Street) in accordance with the law",Emphasized that the two governments of the city and counties should organize the implementation of the implementation of the town street under the right to put administrative penalties。If the evaluation results show that some administrative punishment matters are professional strong,Township (street) does not really be effectively undertake,then recover the relevant power in time。Since July 2022,Jieyang、Jiangmen、Foshan、Zhongshan、Qingyuan and other places have issued announcements,Announced the law enforcement items that were put on the town before the recovery part,and dynamically adjust law enforcement authority。This series of action indicates,Local governments are based on actual conditions and needs,Flexible adjustment of the distribution and exercise method of law enforcement power。

Comprehensive administrative law enforcement system reform as a systematic engineering,Reform with the grass -roots administrative system、Jianzhong Qiangzhen and other reforms and intertwined partners。From the initial relative concentrated administrative penalty right,To carry out comprehensive administrative law enforcement,Then go to the vertical law enforcement center to move down、Destation and recycling under permissions,This series of gradual processes aims to continuously explore better governance plans。and the adjustment of multiple rounds of rights has not stopped,Always find the interests of all parties based on changes in the external environment and internal governance capabilities、The balance point of the optimized governance effect。The process of this dynamic adjustment is designed to explore the problems of the right to adjust the right and the reasons behind it,To continuously optimize power at different levels、Configuration between departments,The institutional mechanism that raises administrative law enforcement,Finally improve the government's internal relationship and the relationship between the government and society。

  The undertaking status of the decentralization of the matter

Despite the "number" decentralized by the right Bet365 app download of affairs,But the "quality" of the lower government in the process of undertaking is not ideal。Current,The following problems are mainly existing after the decentralization of the matter。

The first is small power: administrative power is given in place。After decentralization of the right of affairs,Grass -roots governments often face problems with insufficient authority during law enforcement。On the one hand,The township government is in the specific law enforcement situation,Often lack of administrative compulsory permissions that are commensurate with their responsibilities,Compulsory procedures are tedious and troublesome。This causes the grassroots to be helpless in the specific law enforcement situation,Either the program is improper。On the other hand,The superior government as the commissioner,Create a tedious and long law enforcement program,To ensure the fairness of the agent's law enforcement,This has led to a low efficiency of law enforcement。At the same time,The superior government is worried about the power of the town government abuse,Law enforcement unfair,Start re -recovering power,To protect public interests and social stability。

The second is weak: the township has insufficient ability to undertake。The township government is in the process of undertaking the right to afford the matter,Often facing the lack of resources such as people and property。In the context of the modernization of national governance,Work quality requirements continue to improve: First of all, refined management makes the focus of work shifting from result orientation to process -oriented,Requires the grassroots government to pay more attention to details; followed by cumbersome work procedures,Especially the requirements of law enforcement procedures are very complicated,Make grass -roots law enforcement officers under great pressure; finally, the change of responsibility positioning,Grass -roots governments are increasingly emphasizing service -oriented。From the perspective of practical research,After decentralization of the right of affairs,It takes a lot of time to be familiar with the new business,Lack of corresponding system learning mechanisms,thereby increasing the difficulty of the right to undertake the right to affairs。

Third is that there are many responsibilities: the transfer of power leads to the transfer of responsibility。Because the current accountability situation is more severe,Many county -level departments generate thoughts that let the town -level government pocket,will be complex、Toss、Cases that are easy to make accounts for discretion、The reason for territorial management is given to the grass -roots government for handling。This increases the work burden of the grassroots government,It may also cause town -level governments to be unable to respond effective when facing complex problems。During the investigation, I found it,The right to collect the town -level governments mainly involves two aspects: on the one hand, the issue of historical cases,It is impossible to solve the problems left many years ago at this stage.,The grassroots government is facing tremendous pressure; on the other hand, the relevant departments of the higher level have been released after the right of the matter,However, the mission under the name of the assessment、Compulsory requirements to complete,Unsurprising questions that have failed to do a good job of work connection and respond to the request of townships,As a result, it is difficult for the grass -roots governments bet365 best casino games to exercise the right to exercise the right to affairs。

  Deep reasons for the recovery of the matter

Recycling of Power is not a simple power adjustment process,It involves the consideration of complex system operations and considerations of multi -party interests。Want to solve the puzzle of the long -term "collection -weird circle",The reason for the recycling of the right to the right is its focus。

First,The recycling of power involves the cycle process of "put -collection"。In this process,The superior government attempts to stimulate grassroots vitality through the power of decentralization,but,The town -level government generally recommends recovering some strong professionalism、The county -level functional department has a dispatched agency at the town level、More problems left over in history、Matters with decline in the quality of the case after decentralization and the poor actual effect of grass -roots govern。This indicates that it is not always possible to achieve the expected effect,Sometimes it will even cause chaos and increase risk of law enforcement in grassroots governance。plus the boundary of some matters itself is vague,The problem of pushing skin after being decentralized is serious。

Next,Discovery relationship and responsibility are not clear。During the division of power,County governments often pay more attention to the improvement of law enforcement efficiency,and ignore the responsibility of law enforcement risks。County functional departments are more likely to change their roles from executors to appraisers; and,According to "Can put it, let it go,Should be released "will give a large amount of authority to the town -level government,Seeming power "rapid expansion",In fact, it is an increase in management responsibilities and risks。In addition to the formal commission and decentralization method,There are many things to convey through the way to handle,In the first two cases, the town level has legal exercise power,The latter case is not。In actual operation,The task of townships for superiors is usually unified arrangements and execution,No clear responsibility belonging and assessment standards,Evil law enforcement risk。This causes towns and villages to feel at a loss when facing superiors,It is difficult to effectively perform responsibilities。

Last,Township comprehensive administrative law enforcement has not yet realized "repayment to the people"。The original intention of comprehensive administrative law enforcement reform is to find a balance point between government supervision and people's development,Realize "Repaying power to the people"。Fundamental point of view,This reform does not simply transfer power from the county level to town level,And the township cannot adopt the law enforcement model of local governments at or above the county level,Law enforcement methods are not just punishment,There are also persuasive and reminders。In actual operation,The spirit of reform cannot be meticulously quantified into the actual situation of various towns,As a result, it is difficult for the reform goals to be accurately expressed。,The core purpose of the reform of the rights is efficient convenience,However, the previous reforms have attached too much attention to decentralization and ignored the construction and standardization of supporting measures。This leads to the vertical power and responsibility structure.、Unclear power and responsibilities, etc.,The horizontal authority and responsibility structure exists too much about social affairs、Affordable responsibility for overweight。

  The theoretical thinking of whether the right to undertake or not

Disposal is usually to improve the autonomy and response capabilities of local governments,Make it more fast、More effectively meet local needs,Improve the government's efficiency and response。But,The recycling of the matter may suggest that the superior government has lost trust in the right of decentralization or considers it risk。When the behavior of the town -level government may harm social fairness or cause social risks,The superior government needs to intervene。

One,From the dimension of the relationship between the upper and lower levels,Power decentralization and recycling reflect the interaction between hierarchical control and agency relationship。HOS control emphasis on vertical relationships between governments at all levels,Requires the command and supervision of the superiors to obey the superiors,to ensure the unity of policy and the efficiency of execution。But in actual operation,Due to information asymmetry and differences in interests,The superior government may be concerned about or distrust about the town government,Choose the power to retract the decentralized。When the town -level government behavior as an agent does not meet the expectations of the superior government as a client,The superior government will adopt the right to recycle the matter to correct this behavior。At the same time,Different cognitive differences due to the execution of power,The superior government pays more attention to the quality and standard of comprehensive administrative law enforcement,and the town -level government pays more attention to the cost of administrative law enforcement and the actual situation of the local area。This difference may lead to the reduction of law enforcement quality and standards in the decentralization of the right government,to choose to recycle the power。

Its two,Power decentralization and recycling is a process of dynamic evolution,You need to adjust and optimize it according to the actual situation。On the one hand,The premise of decentralization is "capable",That is, the comprehensive assessment believes that it can be put down and put it down,Keep or even recycle it if you cannot let it go.。Reform must follow "a mature batch、Display a batch of batch ",When the town level has the ability to undertake and can better fulfill its functions,can finally let go of power。For comprehensive administrative law enforcement rights suitable for the grassroots,Should continue to promote the decentralization of the matter,and strengthen follow -up tracking feedback,Make sure the effective execution of the power after the right of the matter。On the other hand,The reform of the right to decentralize the right to the right to do is a systematic engineering,It is necessary to coordinate and coordinate the reform of each subsystem,Avoid Single Soldiers from Sudden Turbal。This means that the division of power is not only the right to affairs between the superior governments、Duties transfer,It also involves hierarchical rooms、Deep -seated adjustments of people's property and organizations between departments。Therefore,Need to take simplifying administration and decentralization as the starting point,Adjust government power as a breakthrough,Drives or supports other aspects of reform,to further innovate and optimize the administrative system,Modernization of the national governance system and governance capabilities。

Three,During the process of decentralization and recycling,The systemic and innovative of the division of power。Decentralization of the matter through bet365 best casino games the right pass、The way to optimize the right to achieve a simplified administration,Improve the efficiency and effect of government governance。This means that the right to divide and adjust the power between different levels within the government,It also involves the government and the market、Division adjustment between society。Always,The decentralization of the rights of the matter is only concerned about what the superiors decentralize to the town level,Ignoring whether it can cancel certain rights to the town level (such as changing the approval to filing,or direct approval),Ignoring how to simplify the exercise of the power (especially the regulatory law enforcement category)。Therefore,Promoting the reform of the right of the matter must work hard on the right of affairs,Organize the evaluation of the legal department of the higher level,Strictly based on existing laws and regulations,Right to cancel the right to cancel,The right to transfer the transfer,and the link of reserving the right、Program、Execution method Optimize、Simplified,To achieve streamlined rights、Decentralized according to law。

  (This article is the status quo of the affairs of the government of the National Social Science Fund "、Logic and Optimization Path Study "(22BZZ108) phased results)

(The author is a professor at the School of Public Management of South China University of Technology)

Editor in charge: Cui Bohan
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