Some thoughts and suggestions on how to promote administration according to law at the grassroots level

(1) Strengthen publicity and education on administrative legal systems. Without education, there will be no change in thinking, and without change in thinking, there will be no improvement in behavior. First of all, we must strengthen the publicity and education of administrative agency staff, especially grassroots leading cadres, and encourage administrative agency staff, especially leading cadres, to change their ideological concepts and proceed from the general trend of the development of the times, the party's principles and policies, and from both pros and cons. Starting from practical examples, we should eliminate the influence of official status and privileged thinking, and correctly understand and handle the relationship between "rule by man" and "rule of law", the relationship between power and law, the relationship between the rule of law and reform, and the relationship between the rule of law and development. Firmly establish the concepts that legal authority is supreme, law is greater than power, power is subject to law, there will be no great development without the rule of law, and violations of the concept of rule of law will be punished. Only in this way can administration according to law and strict law enforcement have a solid foundation. On the other hand, continue to do a good job in legal popularization activities facing the people. In some grassroots governments, the popularization of the law is regarded as a necessary task, and they regard putting up a few slogans and giving a lecture in schools as the results of the popularization of the law. They are unwilling and unwilling to put in the effort to carry out this activity. Even some grassroots leading cadres It is believed that the higher the people's awareness of the rule of law, the more difficult it is for them to manage themselves. They are accustomed to the backward "rule of man". This area is my world. What I say is the rules, and I will do whatever I say. Once the rule of law is strengthened, their behavior will be restricted and their interests will be restricted. They are both athletes and athletes. The status of referees will be shaken, so they secretly boycott legal popularization activities. As everyone knows, the legal popularization movement is for better administration according to law and economic and social development, and to carry out legal publicity and education for the people, so that the people not only know the law, but also become familiar with and master the legal system, and strengthen their awareness of using legal weapons to protect their legitimate rights and interests. The awareness and ability of the government will help correct illegal or non-compliance with the law by grassroots governments, making administration more scientific and reasonable. It is necessary to innovate the nature of legal popularization, change the past "static" legal popularization centered on "teaching" into "dynamic" legal popularization, with two-way interaction, back-and-forth, and focus on fun and practicality in form and ideology, so that the masses can gradually possess The spirit of the rule of law and improving the legal and cultural atmosphere of society.

(2) Further strengthen the construction of government legal institutions and teams. Efforts should be made to change the "inverted triangle" work system and strengthen the establishment of legal institutions of grassroots governments. The establishment of government legal institutions in township-level governments or the abstract and specific important administrative actions of township-level governments must pass the legality review of higher-level legal departments, so that administrative work according to law can form a complete working system, and at the same time further strengthen the legal institutions of prefectures, counties and governments Strength, so that the personnel of prefecture-level, city and county legal institutions reach a certain scale, so that the "inverted triangle" becomes an "inverted trapezoid" and then develops into a "positive trapezoid", providing sufficient organizational guarantee for grassroots administrative work according to law. At the same time, the legal departments of governments at the city and county levels should be relatively independent. As a department of the unit, it is difficult to effectively supervise a government with a higher level and greater power than itself, and which is the source of employees and money. Therefore, it is recommended to improve The status and powers of the legal affairs departments at the city and county levels shall be under the management of the people's congress or government at the next level in terms of employment and financial matters or at least business affairs. Before the promulgation of important administrative acts and normative documents, the opinions of the legal affairs departments shall be regarded as one of the requirements for taking effect. 1. The legal department should not be held responsible for objections raised by the legal department but the government still implements it. The relevant government responsible persons and the signatories and responsible persons of the legal department should be held responsible for the legal department's signature and agreement that what is considered legal is actually illegal. And set a reasonable time limit for investigation. Let the legal department no longer be a dispensable department and effectively strengthen its functions and responsibilities.

Strengthen the professional training of government legal workers and improve their professional level. Many people believe that the government legal work force does not require specialized vocational training and expertise and is just a part of the government staff. As long as you are politically reliable and obey organizational transfers and work arrangements, you will be qualified. There are no legal admission standards like judges, prosecutors and other legal workers. This understanding of neglecting the professional characteristics of government legal staff has resulted in the job requirements of government legal staff being equal to those of general government staff. On the other hand, the lack of "threshold" and professional positioning has led to society's lack of understanding of government legal work. In fact, the work content of government legal staff is more demanding and professional than that of ordinary civil servants. This professional group must achieve consistency in legal theoretical knowledge, legal thinking knowledge and legal work capabilities through systematic study.

It is recommended to establish an access system for government legal personnel, adhere to the principle of "everyone who enters must take the exam", and regions with qualified conditions can set the threshold for those with judicial qualifications to take up positions, so that excessive mobility in personnel positions is not easy, and good provision is provided for them. The working and living conditions make them the main force in comprehensively promoting administrative work according to law and the backbone of the government's legal work, and strive to become outstanding and qualified legal advisers, consultants, and assistants to government leaders.

Through various means to enhance the independence of legal personnel, government legal personnel, as members of administrative agencies, naturally must obey the leadership of administrative agencies. The government legal work we are engaged in is an important legal work. In specific work, the primary requirement is to be responsible for the law. Under normal circumstances, this is also consistent with the will of the executive head. However, under special circumstances, even if the action of being responsible for the law goes against the personal will of individual administrative heads, the administrative heads should not illegally interfere with the independence of government legal staff, or remove them from their posts at will. Therefore, various systems must be used to ensure the good quality of government legal staff and the stability and professionalism of their careers. Government leaders should strongly support government legal institutions and their staff to carry out their work independently, let them work with confidence and courage, continuously enhance their initiative and creativity in work, give full play to their role in promoting administration according to law, and reduce the source of administrative disputes occurrence, allowing the government to devote more energy to economic construction and the development of various social undertakings.

(3) Improve the supervision mechanism and strengthen the supervision of administrative law enforcement. Effectively strengthen the internal supervision and constraints of administrative law enforcement agencies. Strengthen the supervision of higher-level government departments over the law enforcement of lower-level government departments; further strengthen the supervision of supervisory agencies and audit agencies, and ensure that administrative law enforcement activities strictly comply with laws and regulations through this specialized law enforcement supervision, through supervision and audit departments Effective supervision, timely correction and serious investigation and punishment of violations of laws and disciplines and unhealthy practices in administrative law enforcement; strictly implement the law enforcement responsibility system and the accountability system for wrong cases. Those who make mistakes in law enforcement will be resolutely investigated. If the circumstances are serious, administrative sanctions will be imposed until they are transferred or removed from the law enforcement team.

Give full play to the supervisory role of local people’s congresses and their standing committees. Local people's congresses and their standing committees must effectively exercise their supervisory powers conferred by the constitution and laws, take various effective measures, strengthen law enforcement supervision, and promote administration according to law. First of all, we must carefully review normative documents. In practice, in addition to relying on relevant laws and regulations, the government's administrative law enforcement actions are often based on the government's normative documents. Some problems of arbitrary fees and penalties that arise in administrative law enforcement often have their roots in normative documents. Therefore, the National People's Congress and its Standing Committee must do a good job in supervising administrative law enforcement, and reviewing government normative documents is an important part of it.

Public opinion supervision is an indispensable and important link and measure. It is necessary to strengthen the supervision of administrative law enforcement, and the social news media must dare to expose and give full play to the special role of public opinion supervision. The news media is the mouthpiece of the Party and the people. The exercise of supervisory power by news units is a concrete manifestation of the exercise of people's democratic rights and should be protected by the law and supported by the whole society. It is recommended that the government at the same level and at the higher level should establish accounts and records for illegal administrative cases exposed by the news media. Instead of simply listening to the report of the government at the same level and explaining one side of the story on major public opinion incidents in the past, it should be established that both sides have records and can speak. Conflict resolution mechanisms for even debating each other.

Formulate accurate supervision standards and enhance the effectiveness of administrative law enforcement supervision, such as gradually formulating and improving quantitative supervision standards for party discipline and political discipline, and promulgating and improving relevant laws and regulations as soon as possible on the supervision agencies, authority, scope, The methods, procedures, etc. should be clearly defined so that the supervision itself can be based on the law.

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