How do you feel about studying law?

Some time ago, the Municipal Party Committee hired legal experts and professors to conduct legal and regulatory training for the city’s leading cadres at the department level and above. Through the training, my own legal awareness has been significantly improved. In the past, I was only familiar with legal provisions. From the superficial understanding, we can now understand the deep connotation of the law, which has undergone a qualitative change. After the training, I calmed down, compared my notes, and contacted the actual law enforcement work in the transportation system. I felt that the transportation system still has a lot of work to do in terms of legal system construction, and there are still many problems that need to be solved urgently, such as "the law is not followed, and the law enforcement is not enforced." The problem of being strict and not correcting violations is still widespread, and problems such as arbitrary deductions and excessive penalties, excessive fees and neglect of management, and abuse of power for personal gain also occur from time to time. The existence of these problems has directly affected the image of transportation administrative agencies. How to fundamentally solve the problem of transportation administrative agencies administering according to law and improve the level of administrative law enforcement? Let me talk about my experience on this issue. Administrative law enforcement is the most important regular work of our transportation administrative agencies. It is related to whether traffic management activities can operate in an orderly and normal manner, and is related to the deepening of reform, expansion of opening up, and economic development. Therefore, traffic administrative law enforcement must adhere to the principles that laws must be followed, law enforcement must be strict, and violations must be investigated, so as to make traffic administrative law enforcement activities legal, effective, accurate, and efficient. legitimate. It is legally required that our transportation administrative agencies must pay attention to five aspects in administrative law enforcement activities. First of all, it must be legal, that is, the subject qualifications are legal, and it must be an administrative agency clearly stipulated in laws, regulations and rules; second, our administrative law enforcement actions must be legal and must be done strictly in accordance with the law. No one is above the law. Privileges; third, the objects of administrative law enforcement must comply with legal provisions, and obstacles cannot be arbitrarily set up for those under management; fourth, the basis for administrative law enforcement activities must be legal, and the normative documents based on them must not conflict with national laws and regulations. And it must be announced in advance; fifthly, the administrative law enforcement procedures must be legal and the procedures must be complete and cannot be arbitrary. Reasonable. Rationality is an indispensable supplement to traffic administrative law enforcement. First of all, traffic administrative law enforcement must be unified, and everyone is equal in the application of laws and regulations, and cannot be too lenient or too strict, or too lenient or too severe; secondly, the exercise of discretion must be fair and cannot be affected by irrelevant factors; thirdly, administrative Law enforcement decisions must respect the facts and cannot make unenforceable administrative actions; fourth, while adhering to the principle of legality, the will of the management objects should be fully considered so that the majority of management objects can accept, understand and support it. precise. Accuracy is key to getting the case right. First, the application of the law must be accurate and cannot be taken lightly; second, the facts must be determined accurately, and the evidence must be conclusive, without any disconnect or ambiguity; third, the description of the administrative law enforcement documents must be accurate and must be able to truly express the traffic administrative agency The intention must be clear and easy to understand, without any ambiguity. Efficient. Traffic administrative law enforcement work is highly time-sensitive. First of all, the national transportation-related substantive laws and law enforcement procedural laws have clear time regulations, which must be strictly adhered to; secondly, the time for administrative mandatory inspection, evidence collection, and seizure of items must be closely based on actual law enforcement needs, and cannot be carried out in vain. Abuse of the power of compulsory vehicle seizure and certificate seizure measures in restricted areas; thirdly, after the administrative enforcement (penalty) decision is made and takes effect, if the party refuses to perform within the time limit, he must immediately apply to the People's Court for enforcement according to law. Therefore, transportation administrative agencies must improve efficiency, overcome bureaucracy, ensure responsiveness, decisive decision-making, command authority, and handle matters quickly. While strengthening and improving transportation administrative legislation and strictly administering according to law, we must also improve the supervision and inspection system with transportation administrative law enforcement responsibilities as the core. Without a sound supervision and inspection system as a guarantee, it will be difficult to implement the law-based administration of transportation administrative agencies. Administrative law enforcement refers to the specific administrative actions taken by administrative agencies against the counterparty in accordance with laws, regulations and rules that directly affect their rights and obligations. The objects of this administrative action include two aspects: first, the administrative agencies target citizens, legal persons and other organizations; second, the administrative agencies target themselves internally. In order to ensure that administrative law enforcement behavior is standardized, good and bad are rewarded and punished, and it plays a guarantee role in strictly enforcing the law and protecting the legitimate rights and interests of the parties, an administrative law enforcement responsibility system must be implemented.

The traffic administrative law enforcement responsibility system is to establish a law enforcement responsibility system with the main person in charge of the unit as the core in accordance with the law enforcement responsibilities of traffic administrative agencies determined by laws, regulations and rules, and to decompose the responsibilities layer by layer and implement them to all law enforcement agencies within the traffic administrative agency. A system that clarifies the scope of responsibilities, responsibilities, authorities and law enforcement objectives at all levels of the unit and each law enforcement personnel position, formulates assessment standards and reward and punishment methods, and combines the assessment results with the appointment of law enforcement personnel. Administrative law enforcement supervision and inspection is the direct supervision and inspection of law enforcement activities within administrative agencies, and is an important safeguard measure related to whether the administrative law enforcement responsibility system can be fully implemented. Given that administrative law enforcement includes both internal and external aspects. So, how do transportation administrative agencies carry out effective administrative law enforcement supervision and inspection? Here are six ways we believe this can be done. First, the higher-level transportation administrative agency organizes an inspection team to conduct regular or irregular inspections on the administrative law enforcement status of the transportation administrative agency at the same level and the lower level. Regular inspection means that the higher-level transportation administrative agency determines a number of key laws, regulations, and rules every year based on needs, and conducts inspections according to scheduled times in a planned and step-by-step manner. Irregular inspections are to understand the enforcement status of a certain regulation and temporarily organize inspection teams to conduct inspections. Inspections must be carried out with in-depth investigation and understanding. They must not go through the motions and strictly prevent inflow of formalities. Problems discovered during inspection must be dealt with seriously and corrected in a timely manner. The second is to establish a reporting system on the implementation of laws, regulations and rules. The lower-level transportation administrative agencies shall regularly report in writing to the higher-level transportation administrative agencies on the implementation of the laws, regulations and rules they are responsible for implementing. The higher-level transportation administrative agencies shall organize in-depth investigations into implementation problems and resolve existing problems. question. In this way, it is conducive to the further implementation of laws and regulations and promotes the in-depth progress of administrative law enforcement work. The third is to establish an administrative law enforcement supervisor system. The main purpose is to select several supervisors from the transportation bureau to supervise administrative law enforcement activities, so as to urge the transportation administrative agencies to promptly correct specific administrative behaviors that violate laws and dereliction of duty. The fourth is to further implement the law enforcement publicity system and accept social supervision. In accordance with the requirements for implementing the administrative law enforcement responsibility system, establish and improve "law enforcement publicity". In the previous stage of study, I mainly started with the historical origins and overall framework of law to understand the relevant knowledge of China's legal system. Now I will make a summary of my study at this stage, focusing on my own study. I would like to share some of my experience and experience with the law, and please ask your leaders and colleagues to criticize and correct any inappropriateness. First of all, let’s briefly talk about the history of legal development in our country. Our country has a long legal history. The earliest law can be traced back to the Xia Dynasty, which has a history of more than 4,000 years. Because we were in a slave society, the theocratic color of the law at that time was extremely strong. In the later feudal society, heavy punishment was The idea of ??harsh punishment took the dominant position in the legal system, and the law gradually became cruel. For example, as we all know, Lingchi, the most severe death penalty in Chinese history, appeared in the Song Dynasty during this period. By the end of the Qing Dynasty, the reform marked the evolution of modern Chinese law. At the beginning, the laws at this stage mainly reflected the abolition of old laws and the promotion of equality between men and women. In the modern era we live in, what we call law, in layman's terms, is a constraint formulated to maintain normal social order, protect normal personal rights and freedoms, and protect the legitimate rights and interests of citizens, legal persons, or other organizations. Sexual, normative and punitive provisions. It can be seen that law is closely related to our daily life. The second point is to briefly introduce the current legal situation in our country. Since the reform and opening up, with the increasingly frequent exchanges between our country and the world, coupled with the increase in our country's independent career choices and the floating population, the occurrence of conflicts has increased day by day. It is inevitable that various disputes, damages and lawsuits caused by conflicts have appeared. We must reasonably To solve various problems in a legal, procedural and normative manner, we must rely on legal means. In order to solve a series of problems that have arisen in society and to better maintain social stability, since the Ninth National People's Congress, the National People's Congress and its Standing Committee have formulated nearly 60 laws and decisions on relevant legal issues, which constitute Most of the basic and main laws among the seven legal departments of the socialist legal system with Chinese characteristics have been formulated. These seven legal departments are: Constitution and Constitution-related Law, Civil Law and Commercial Law, Administrative Law, Economic Law, Social Law, Criminal Law, Litigation and Non-litigation Procedure Law.

It can be said that my country’s current legal system mainly consists of these seven departments. However, when it comes to the specific content that our country’s legal system should contain, there are differences in society. There are mainly two views: One view is that , Our country’s legal system should only include the Constitution and laws, and not other normative documents. In other words, the legal system should only be a system composed of legal norms. Another view is that my country's legal system not only includes the Constitution, laws, and administrative regulations, but also includes normative documents such as local regulations, autonomous regulations of ethnic autonomous areas, and separate regulations. Our country's legislative law provides a reasonable explanation for this issue: its main meaning is that the formulation of laws is to create norms of rights and obligations, while the formulation of administrative regulations is to serve the realization of the norms created by laws. It can be seen from this that our country's legal system can only be composed of legal norms. In the general sense, administrative regulations, local regulations, autonomous regulations and separate regulations cannot be regarded as components of the national legal system. The third point is to talk about my experience. Through recent studies, I have learned a lot and can have an objective and clear understanding of the current situation of my country's legal system construction. My experience mainly includes the following points. First: I think the key to learning legal knowledge is persistence. We should pay attention to learning the law all the time. We should not wait until we need to use the law to realize that our legal knowledge is insufficient. The embarrassing situation of using up time and hating less time. Second: The purpose of our studying the law is to understand the law, and the purpose of understanding the law is to learn how to use it. This requires us to understand the essence of the law and understand its connotation and essence. I feel that when studying law, you can completely read, understand and integrate it in conjunction with your own reality and experience. Although some legal provisions do not need to be memorized word for word, the context must be understood clearly. At the same time, we also need to listen more, see more, observe more, and accumulate more in our daily lives. Third, it is: studying the law is important, but popularizing the law is even more important! In real life, there are many people who do not understand the law. For example, some people clearly know that their rights have been violated, but they do not know how to use it to protect themselves, so they have to swallow their anger, which affects the normal life and work order; there are also people They act on impulse and put their feelings first, and they can still be justified in violating the law; what's worse, they regard the law as child's play and trample on it wantonly. This requires each of us to start from ourselves, use the knowledge we have in studying the law to publicize it to others, and guide others to consciously study the law. Only when everyone understands the law, can the socialist society become more harmonious along the road of a harmonious society. Faster and healthier development, especially at the end of this year, our city, county and township people’s congresses will face general elections, in which the "Election Law", "Organic Law" and other legal knowledge will be used. I think this is very important for us staff It is an opportunity and a test. On the basis of doing a good job, we should make full use of our free time, study relevant legal knowledge in a planned and targeted manner, and maximize the preparation work before the official start of the general election. Do it well, I think it can be done from the following three aspects: First, familiarize yourself with the procedures for the general election as soon as possible. The best way is to find and study the relevant information about the general elections in previous years, familiarize yourself with the entire work process, and After you understand the program, draw a flow chart based on your own understanding, so that you can see the progress of future work at a glance and be aware of it. Second, we should not just look at the laws involved in the general election work. Instead, we should sort out the legal context, the problems involved, and the solutions to the problems in an orderly manner, record them in a notebook, and In the future, you will learn more and read more in your work, so that you can deepen your understanding of the law.