The era of deepening the reform of the administrative law enforcement system
August 27, 2024 09:54 Source: "Chinese Social Sciences Journal" Issue 2964, August 27, 2024 Author: Ma Huaide

The Third Plenary Session of the 20th CPC Central Committee focused on “improving the socialist legal system with Chinese characteristics,In-depth promotion of administration according to law”,further proposed “deepening the reform of the administrative law enforcement system,Improving the grassroots comprehensive law enforcement system and mechanism,Improving the administrative law enforcement supervision system and mechanism”。This is important for improving the comprehensive law enforcement system at the grassroots level、Strengthen supervision of administrative law enforcement、Strengthen all-round and whole-process supervision、Improving the quality of law enforcement、It is of great significance to solve administrative problems according to law,It is to speed up the construction of a rule of law government、Important reform measures to comprehensively build a modern socialist country on the track of the rule of law。

Administrative law enforcement is the performance of government functions by administrative agencies、The main way to manage economic and social affairs,Strict law enforcement is related to the comprehensive and correct performance of government functions。Therefore,By improving the administrative law enforcement system,Strengthen administrative law enforcement supervision,Can effectively promote the overall improvement of administrative law enforcement work,The first breakthrough to promote the construction of a rule of law government as a whole,Improving the socialist legal system with Chinese characteristics。current,There are still some weak links in the administrative law enforcement system and law enforcement supervision,For example, the administrative law enforcement system is not perfect,Inaction in administrative law enforcement、Irregular behavior still exists,Weak law enforcement supervision、Not effective,The administrative dispute resolution mechanism is not smooth enough,Some law enforcement personnel do not have strong administrative awareness in accordance with the law, etc.。

On the new journey of comprehensively building a modern socialist country、The critical moment to comprehensively promote the great rejuvenation of the Chinese nation Bet365 lotto review with Chinese-style modernization,We must thoroughly implement the spirit of the 20th National Congress of the Communist Party of China and the Third Plenary Session of the 20th Central Committee of the Communist Party of China,Adhere to problem orientation、Seize the main contradiction,Pay attention to the weak links in administrative law enforcement reform,Further speed up the reform of the administrative law enforcement system,Improve the comprehensive law enforcement system at the grassroots level,Improving the administrative law enforcement supervision system and mechanism。

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The administrative law enforcement system is the division of powers and mutual relationships between administrative law enforcement agencies。Improving the comprehensive law enforcement system at the grassroots level is an important part of administrative law enforcement reform,For saving law enforcement resources、Improve law enforcement efficiency、It is of great significance to enhance the effectiveness of law enforcement。Since the 18th National Congress of the Communist Party of China,The reform of comprehensive administrative law enforcement systems across the country is steadily advancing。In accordance with the “deepening reform of the administrative law enforcement system” proposed by the 19th National Congress of the Communist Party of China,Requirements for coordinating the allocation of administrative penalty functions and law enforcement resources,The "Plan for Deepening the Reform of Party and State Institutions" adopted by the Third Plenary Session of the 19th Central Committee of the Communist Party of China clearly requires "according to the powers and functions of different levels of government,Follow reduction levels、Integrate the team、Principles of improving efficiency,Significantly reduce the types of law enforcement teams,Proper allocation of law enforcement forces。A department with multiple law enforcement teams,In principle, integrate into one team。Promote the integration of law enforcement teams in the same or similar fields,Implement comprehensive settings”。New era, new journey,Based on the previous reforms,Continue to deepen the reform of the administrative law enforcement system,Improving the comprehensive administrative law enforcement system at the grassroots level。In particular, it is necessary to reduce the level of administrative law enforcement,Strengthen grassroots law enforcement force;Integrating law enforcement entities,Promote comprehensive law enforcement and joint law enforcement,Sign up the relationship between administrative departments and comprehensive law enforcement agencies,Improving law enforcement efficiency。

  Second, improve the administrative law enforcement supervision system and mechanism.

Strict standards, fairness and civilization are important contents of administration according to law,The Third Plenary Session of the 20th Central Committee of the Communist Party of China emphasized,“Improving the benchmark system for administrative discretion in areas such as administrative penalties,Promote cross-regional convergence of administrative law enforcement standards”。This requires us to clarify the legal nature of the discretionary basis,The formulation subject and formulation procedure for determining the basis for discretion,Ensure that the contents of the discretionary criteria do not violate higher-level laws,Grasp the appropriate balance between discretionary standards and individual case justice,Effectively promote the cross-regional connection of administrative law enforcement standards。In order to ensure that administrative law enforcement agencies strictly regulate, fair and civilized law enforcement,We must establish a scientific and reasonable law enforcement evaluation system,Inject impetus into the correct implementation of the law。Need to strengthen administrative law enforcement case file management and review、Comprehensive administrative law enforcement agencies handle complaints and reports、Construction of comprehensive administrative law enforcement assessment and evaluation system,Clear law enforcement responsibilities,Eliminate interests、Profit-making law enforcement,Guarantee the rigidity and hardness of legal operation。

The life of the law lies in its implementation。In the context of the formation of the socialist legal system with Chinese characteristics,Ensure the correct implementation of the law,Is the key task of administrative law enforcement。“The law needs people to enforce it,If those who enforce the law do not abide by the law,No matter how good the law is, it’s useless。”The correct implementation of the law depends on the awareness of law enforcement agencies and law enforcement personnel,It is also inseparable from strict law enforcement supervision。Currently administrative enforcement,There is inaction in law enforcement to a certain extent、Indiscriminate behavior and campaign-style law enforcement、Violent law enforcement、Selective Enforcement、Profit-driven law enforcement and other law enforcement alienation phenomena,There is still a certain gap between the strict standards, fair and civilized requirements。bet365 best casino games We must face up to all kinds of stubborn diseases in administrative law enforcement,Clear the content of supervision in substantive law、Supervision standards,Standardize law enforcement supervision links and processes in procedural law,Comprehensive application of administrative law enforcement work report、Statistical analysis、Comment and Assessment、Work status check、Case File Review、Case guidance、Performance evaluation and filing of major administrative penalty decisions, etc.,Carry out regular supervision of administrative law enforcement work,Establish a complete administrative law enforcement supervision system framework,Promote the solution of stubborn administrative law enforcement problems。We must rely on rationalizing the system and mechanism,Building a systematic administrative law enforcement supervision network system。People’s governments at or above the county level regulate their respective departments in accordance with the law、Dispatch authority、Supervise the administrative law enforcement work of lower-level people’s governments,The judicial administrative department serves as the government’s administrative law enforcement supervision agency,Specific work on behalf of the government at the same level to implement administrative law enforcement supervision。On this basis,We need to further improve the coordination and linkage mechanism,Promote government supervision and department supervision、Internal supervision and external supervision are organically combined,Weaving System Supervision Network,Use the joint force of law enforcement and supervision,Improve overall supervision effectiveness。

  Third, promote the digital construction of administrative law enforcement supervision.

A new round of scientific and technological revolution and industrial transformation are developing in depth,Promote profound changes in law enforcement methods,Technology Law Enforcement、Smart law enforcement continues to emerge。Administrative law enforcement supervision must be on the same frequency,In order to avoid the “pace problem” of supervision,Achieving good supervision effects。It is necessary to enrich law enforcement supervision means and methods through digital technology,Make full use of platformization、Intelligent information technology means,Effectively breaking the "information island",Comprehensive collection of administrative law enforcement information,Integrate high-quality supervision forces、Improve the efficiency of information supervision、Highlight Bet365 app download the advantages of digital management,Provide information and big data support to improve the quality and efficiency of administrative law enforcement supervision。At the same time,Intelligent supervision methods also help to achieve early warning supervision through intelligent detection before and during the event,Making a comprehensive transformation of administrative law enforcement supervision from focusing on post-event supervision to full-process supervision。

Fourth, open channels for preventing and resolving conflicts.

In various administrative disputes,Most disputes caused by administrative law enforcement。Sound multi-dispute resolution mechanism is the key to preventing and resolving administrative disputes,The core is to properly handle the relationship between multiple administrative dispute resolution mechanisms,Scientifically define the functional positioning of different administrative dispute resolution mechanisms。Administrative review should be given full play as the main channel for resolving administrative disputes,In time、Effectively resolve administrative disputes。Administrative litigation is a legal system in which courts resolve administrative disputes through litigation,Be able to rationally resolve disputes between the government and the people through judicial procedures,Resolve and channel the dissatisfaction of the counterparty against the government’s illegal exercise of power,Maintain social fairness and justice。We must implement the ultimate principle of justice,Use administrative litigation as the last line of defense to resolve administrative disputes,Guarantee the effective operation of the administrative litigation system。To establish the judicial authority of the court,Guarantee the exercise of judicial power in accordance with the law,Protecting the legitimate rights and interests of the parties,At the same time, we must also effectively prevent administrative abuses and idle procedures,Promote the substantive resolution of administrative disputes。We must give full play to the final role of administrative litigation in resolving administrative law enforcement disputes,Must adhere to problem orientation,Seize the key link。current,The most important thing is to implement the “deepening of administrative case level jurisdiction” proposed by the Third Plenary Session of the 20th Central Committee of the Communist Party of China、Centralized jurisdiction、Request for "Reform of Remote Jurisdiction",Promote Bet365 lotto review the reform of administrative litigation jurisdiction system and mechanism。In addition,Administrative agencies have complete power to resolve disputes、Strong professional skills、Convenient and cheap, etc.。Administrative mediation should be used、The role of administrative adjudication and other mechanisms in specific cases and respective fields。Correct positioning of the petition system,Use it as an institutionalized channel to closely connect with the masses,Guide the people to express their demands through legal channels、Dispute resolution、Protect their legitimate rights and interests。

  Fifth,Tightly grasp the "key minority" of leading cadres in the field of administrative law enforcement。

To further promote administration according to law, we must seize the "key minority" of leading cadres in the field of administrative law enforcement。Leading cadres must continuously improve and use legal thinking and legal methods to deepen reforms、Resolve conflicts、Resolve conflicts、Maintain stability、Ability to deal with risks,Respect the Dharma、Law study、Abiding by the law、Example of usage,Promote the whole society to find solutions when encountering problems、According to law、How to solve problems、A good atmosphere to resolve conflicts by relying on the law。First, we must work hard on cadre training,Develop good ideological and political qualities、Moral quality、Quality of the rule of law。Second, we must work hard on selecting people,Incorporate the rule of law into the performance evaluation system of leading cadres。Third, we must make a fuss about managing people,By strengthening management、Strict supervision,Set a "threshold" for the legal literacy of leading cadres,If problems are found, deal with them seriously,Increase the detection rate and investigation rate of illegal activities。Fourth, we must spend our efforts on improving our work style,Test the awareness of the rule of law on specific issues,Observe legal literacy in details。

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

Editor: Cui Bohan
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