What are the weak links in the creation of legal Yuxi?

1. The current status and problems of the construction of the rule of law in our city

Since the reform and opening up, our city has attached great importance to strengthening the construction of the socialist rule of law, especially since the 17th National Congress of the Communist Party of China, in order to promote Administering according to law and building a government based on the rule of law are the focus, and strengthening the construction of the rule of law is an important measure to optimize the development soft environment and improve the core competitiveness of the city. Various legal constructions have achieved remarkable results, the local laws and regulations system has been further improved, and the level of administration according to the law and fair law enforcement has been further improved. The legal supervision system will be further improved, the legal service market will be further matured, and the legal quality of the whole society will be further improved. In 2005, our city took the lead in the province and organized and launched pilot activities to create districts and cities governed by law. In 2008, according to the deployment of the Ministry of Justice, the national and provincial law popularization offices, the city comprehensively carried out activities to create rule of law cities and lawful districts and cities, and established a leading group headed by the deputy secretary of the municipal party committee. The working organization was located in the municipal law popularization office and formulated The "Implementation Opinions on Yuxi City's Activities to Establish Rule of Law Cities and Rule of Law Districts (Cities)" were issued, and a series of documents such as target and responsibility decomposition, self-assessment and evaluation system, inspection and assessment methods and detailed rules were issued. Our city is at the forefront of the province in the creation of "rule of law districts (cities)", and the level of creation of rule of law cities has been greatly improved, creating a good legal environment for our city's economic and social development.

However, compared with the implementation of the requirements of "comprehensive implementation of the basic strategy of governing the country according to law" proposed by the central government, compared with other advanced cities in the country, compared with the goal of building a livable Yuxi and creating a happy city, Our city still has certain gaps in building a city governed by law, and is still relatively weak in many aspects. From 2008 to now, our city has been carrying out the work of establishing a city under the rule of law for three years. However, compared with Shenzhen, which started the establishment of a city under the rule of law during the same period, and Chengdu, which started a year later, the results achieved are not comparable. After three years of establishment, these two cities have formed their own brands and characteristics, and are well-known throughout the country; however, Yuxi's rule of law construction lacks influence and is not well-known in the country. The main problems existing in our city are:

(1) There is a gap in understanding, and the leadership system for establishing a city under the rule of law is at a low level

In the 1980s and 1990s, as the construction of the rule of law had just begun Since the beginning, the focus of work is mainly on legal education. This phenomenon continues to this day. Many comrades still regard the popularization of law and governance according to law as an important task of the construction of the rule of law. They fail to fully realize that the construction of the rule of law is an important part of the construction of political civilization and an important measure to improve the socialist market economy. It involves all aspects. social systems engineering. Under the guidance of this kind of thinking, our city currently places the work of creating a city under the rule of law in the Office of Law Popularization and Law-based Governance. Practice has proved that the Office of Legal Popularization and Legal Governance, as a secondary unit located within the Municipal Justice Bureau, is unable to undertake the organization and guidance of the city’s legislation, administration according to law, fair justice, and social management. There are obvious problems such as weak execution, insufficient coordination, and linkage. The problem is that the mechanism is difficult to form.

(2) There are weak links in the construction of a law-based government, and there are many problems in law-based administration at the grassroots level

Generally speaking, our city’s law-based administration has made significant progress and remarkable results in recent years, but There is still a situation of unbalanced development and tight top and bottom loose. In terms of administrative complaints, the failure rate of administrative agencies and the mediation and withdrawal rate still account for a large proportion. This situation reflects that on the one hand, the people's demands for administration according to the law are increasing year by year, and at the same time, it also reflects that the problem of non-administration according to the law exists to varying degrees in our city.

From what we know, there are problems in administration according to law: First, the system construction needs to be strengthened. There are still system deficiencies in the implementation of administrative management in some fields, and the quality of system construction needs to be improved. In particular, the scientific nature, pertinence and operability of the system content need to be enhanced urgently. Second, there are still weak links in decision-making and administration in accordance with the law. The problem of some administrative departments not strictly abiding by legal authority and legal procedures still exists. Various systems such as extensive solicitation of opinions on major administrative decisions, review of the legality of major administrative decisions, and post-implementation evaluation of major administrative decisions are sometimes neglected in the implementation of administrative decisions. Information and intellectual support systems are still relatively weak.

The main subjects of the creation of the rule of law are limited to state agencies and institutions, and even relevant personnel of law popularization and legal governance institutions at all levels. It has not been fully rolled out in society and has not aroused the enthusiasm of the general public to participate. Second, the creation method is single. At present, some activities to establish the rule of law remain in the use of documents to implement documents and meetings to implement meetings. The forms are often limited to traditional legal popularization forms such as distributing leaflets, making billboards, and legal popularization examinations. The coverage of rule of law creation is limited, and its influence and influence are limited. Insufficient strength. Third, the achievements of creating a city under the rule of law have not benefited the people. The establishment of a rule of law city in our city has not well solved a group of hot and difficult issues of concern to the masses and outstanding issues in urban development and social management. It has not allowed the people to truly feel the benefits of the establishment of the rule of law. Therefore, citizens’ understanding of the construction of the rule of law has Limited, the feelings are not deep, and the enthusiasm for participation is not high.

2. Countermeasures and suggestions for building a city ruled by law

The municipal party committee proposed urban development goals for construction, which reflected the advantages, characteristics and value orientation of urban development in Yuxi, and further clarified the future development of Yuxi direction. However, the "rule of law" as an important value pursuit and measurement standard for a city to achieve modernization and internationalization has not been reflected. It is suggested that the Municipal Party Committee should add the goal of "Rule of Law Yuxi" to the construction of "Five Yuxi"; or replace "Harmonious Yuxi" with "Rule of Law Yuxi". Because "harmonious" and "livable" have similarities, a "livable" city must be a "harmonious" city, and "livable" is broader in connotation and extension than "harmonious"; a city must fundamentally achieve " "Harmony" must be based on the rule of law, guaranteed by the rule of law, and bounded by the rule of law (that is, the order and standardization of social order). Moreover, judging from national and local practices, "livable cities" and "law-based cities" already have authoritative or mature evaluation index systems. Relevant national ministries and commissions or some authoritative professional institutions at home and abroad have carried out many influential projects. Compared with the evaluation of "livable city" and "city governed by law", the evaluation of "harmonious city" is rare. In accordance with the requirements of "world vision, international standards, and local advantages" put forward by Secretary Li Qun, we should put the construction of a "rule of law city" in a more important and prominent overall, basic and strategic position to promote it.

(1) Effectively solve the problem of understanding

It is necessary to break through the outdated understanding that the construction of a city under the rule of law is equal to the popularization of the law and governance according to the law, and ideologically improve the understanding of the importance of building a city under the rule of law. .

1. We must realize that building a city ruled by law is a fundamental requirement for implementing the basic strategy of governing the country according to law and practicing the scientific outlook on development. Building a city under the rule of law fully embodies the requirements of the people-oriented scientific outlook on development and the basic strategy of governing the country according to law, embodies the basic principles of the Constitution, and is a specific practical activity that combines the basic strategy of governing the country according to law with the construction of local democracy and the rule of law.

2. We must realize that building a city ruled by law is an important foundation and fundamental guarantee for building a livable Yuxi and creating a happy city. The level of a city's rule of law determines the city's livability index and citizen happiness index to a large extent. The rule of law not only constitutes an important indicator of a livable city and the happiest city, but is also an important foundation and guarantee for improving other indicators. For the people, whether a city is livable and happy depends not only on the quality of life, but also on the level of rule of law. After analyzing the selection of livable cities and the happiest cities in my country since 2007, we found that cities with relatively successful rule of law cities, such as Hangzhou, Changsha, Chengdu, Nanjing, Shenzhen, Wuxi, etc., are among the most livable cities and the happiest cities. At the forefront of cities with a sense of happiness.

3. We must realize that building a city governed by law is an important measure to strengthen and innovate social management. In response to the complex situation in the economic and social transformation period, the central government has proposed strengthening and innovating social management, and various localities are also actively exploring innovative social management. When examining the practices in various places, one of the most important things is to strengthen the role of the rule of law in social management and accelerate the process of legalization of the whole society. While using administrative means for social management, more laws are used to regulate social behavior, adjust interest relationships, and reduce social issues.

4. We must realize that building a city ruled by law is an important content and indicator for building a modern and international city.

In addition to indicators such as economic and social development, modern and international big cities are more important than the urban living and development environment. In the era of globalization, the rule of law has become an important indicator for measuring modern and international cities, such as government governance performance, market environment, ability to attract foreign investment, security and order, etc., which are all closely related to the degree of rule of law in a city. We must put the development of Yuxi on an international platform and use the rule of law to promote a new leap in Yuxi City's comprehensive competitiveness, thereby further improving our city's international status.

(2) Further clarify the overall goals and ideas of building a city ruled by law

The overall goal of building a city ruled by law in our city is: in accordance with the overall implementation of the scientific outlook on development and the basic strategy of governing the country according to law It requires that the city's political, economic and social life be fully integrated into a scientific, standardized and legal track, vigorously promote the spirit of socialist rule of law throughout the city, and continuously promote the process of scientific legislation, strict law enforcement, fair justice and law-abiding by all people, so as to achieve All work in our city is governed by law, and we build our city into a society ruled by law with distinctive local legislation, government administration in accordance with the law, judicial fairness and justice, a sound legal environment, strong legal protection, high-quality legal services, and social stability and harmony. By 2015, we will enter the forefront of the creation of cities under the rule of law nationwide; by 2020, we will further consolidate the achievements in creating cities under the rule of law and realize the rule of law in the political, economic, cultural and social fields of our city.

The overall idea of ??building a city ruled by law in our city is: focusing on the construction of a rule of law government (sunshine justice, sunshine procuratorial work) to effectively improve the credibility of the government and the judiciary; focusing on the construction of a rule of law environment, and striving to create a fair and standardized Market environment, an honest and law-abiding business environment, a civilized and orderly public environment, and a public security environment with a high sense of security; based on the construction of rule-of-law communities (villages, enterprises), vigorously cultivate law-abiding, safe, harmonious, and civilized Standardized social atmosphere. Give full play to the foundation and guarantee role of the rule of law, build a livable Yuxi, and create a happy city.

(3) Specific measures to actively promote the construction of a city under the rule of law

1. Straighten out the system and enhance the level of construction of a city under the rule of law. At present, there are three main models of relatively successful working systems for establishing rule of law cities in my country: the Guangdong model in which the work organization is located in the National People's Congress, the Jiangsu model in which the political and legal committee of the Party Committee is located, and the Zhejiang model in which the work organization is located in the Party Committee General Office. Each of these three models has pros and cons. It should be made clear that party committees at all levels are the core of leadership in the construction of a city under the rule of law. All aspects and links involved in the construction of a city under the rule of law, such as legislation, law enforcement, judiciary, popularization of the law, governance according to law, and social security, must be carried out in accordance with the party committee's overall situation and coordination of all parties. principles and support all parties to carry out their work independently, responsibly and in a coordinated manner in accordance with the law. It is recommended that our city adopt the Jiangsu model and set up the work organization for building a rule of law city in the Political and Legal Affairs Committee of the Party Committee.

2. Innovate mechanisms to enhance the vitality of building a city ruled by law. The construction of a city under the rule of law is a systematic project and requires innovative mechanisms. In actual work, we must strive to achieve four combinations, namely, combine with the transformation of functions and styles of party and government agencies, combine with optimizing the urban development environment and enhance the city's core competitiveness, combine with innovative social management, and combine with spiritual civilization We should combine construction and construction, and actively explore to form a working mechanism that combines various elements organically, has outstanding characteristics, and focuses on practical results. In order to ensure the implementation of the construction of a rule of law city, it is recommended to draw on Wuxi’s experience in formulating an evaluation system for the creation of a rule of law city, incorporate the creation of a rule of law city into the assessment of work objectives, and formulate corresponding assessment standards and evaluation systems, which should not only make it easy for all responsible units to accept, It can also objectively evaluate the achievements of rule of law construction and promote the construction of rule of law.

3. Focus on the construction of the "three major organs" (government, courts, and procuratorates) and the construction of the "four major environments" (market environment, business environment, public environment, and public security environment) to form a Highlights of the construction of a "law-based city".

——Build a law-based government and promote governance in accordance with the law. Efforts should be made to build a sunshine government, a limited government, an honest government and a responsible government, and realize the fundamental transformation from an all-powerful government to a limited government, and from regulatory administration to service administration.

We must pay more attention to administration according to law, exercise power and perform duties in strict accordance with legal authority and procedures, promote innovation in government management methods, strengthen the construction of administrative decision-making procedures, and effectively transform government functions into economic regulation, market supervision, social management, and public services Come up and focus on protecting and improving people's livelihood. Pay more attention to administrative supervision and accountability, improve supervision systems and mechanisms, comprehensively promote open government affairs, and effectively hold and make good use of power for the people. We should pay more attention to resolving social conflicts and disputes in accordance with the law, improve the administrative mediation system, improve the efficiency of administrative mediation, improve the administrative reconsideration system, and improve the petition system.

——Promote judicial justice and achieve social fairness and justice. Strengthen the construction of the judicial team, improve the overall quality of judicial personnel, handle cases strictly in accordance with the law, standardize judicial behavior, and ensure substantive justice and procedural fairness. Respect judicial independence, maintain judicial authority, and gradually reduce the rate of petitions involving litigation and law. Strengthen the supervision of the exercise of power in important links such as case filing, investigation, arrest approval, prosecution, trial, and execution, as well as in key positions such as personnel, property, and property, strictly implement the system of fault accountability, accountability, and case evaluation, and implement the law enforcement supervision and inspection system and the law-related A system for investigating and rectifying the source of complaints and complaints.

——Improve a standardized and orderly market environment. Firmly establish the concept of equal protection and promote fair competition and common development of various market entities. Transform the government's economic management functions, implement the separation of government from enterprises, separation of government assets, and separation of political affairs, and improve the market supervision system that combines administrative law enforcement, industry self-discipline, public opinion supervision, and mass participation. Regulate the behavior of various market entities in accordance with the law.

——Create an honest and law-abiding business environment. Efforts should be made to improve the integrity awareness of the whole society, accelerate the construction of a social credit system supported by morality, based on property rights and guaranteed by law, and promote the construction of the integrity system of the whole society. Strictly crack down on criminal activities such as manufacturing and selling counterfeit goods, intensify quality supervision, safety production and other work, and create a good social atmosphere of "honesty as the foundation and trustworthiness as the reputation".

——Build a harmonious public environment. Actively carry out legal publicity and education to create a social environment in which everyone abides by, abides by, upholds and acts in accordance with the law. Strengthen the management of public places and improve the construction of urban emergency management mechanisms. Rectify traffic order and tourist attraction order, strengthen property management in residential areas, and strive to create good social order.

——Create a stable security environment. Strictly crack down on all types of illegal and criminal activities, and vigorously rectify outstanding issues that affect social stability. Comprehensively implement various measures for comprehensive management of social security, improve the public security prevention and control system and the mediation mechanism for conflicts and disputes, improve the work network for preventing juvenile crimes, implement the placement of ex-convicts and corrections in the community, and actively prevent and properly handle all kinds of crimes in accordance with the law. A public emergency.

4. Increase the publicity of the rule of law and establish the authority of the rule of law. Increase the publicity of the rule of law, carry out in-depth publicity and education on the rule of law, carefully organize and implement legal popularization activities, especially strengthen the publicity of laws and regulations closely related to the production and life of the people, vigorously promote the spirit of the socialist rule of law, and effectively strengthen citizens to safeguard their rights in accordance with the law and consciously perform their obligations awareness, cultivate the basic literacy of respecting the law and relying on the law, advocate the rule of law concept of the supremacy of the law, and lay a deep ideological foundation for the construction of a city ruled by law. First, it is necessary to continuously innovate and enrich the methods of legal publicity and education, constantly improve the form of legal popularization, and innovate the carrier of legal popularization. The second is to give full play to the role of various news media, the Internet, mobile communications and other emerging media, and strive to create a strong legal atmosphere. The third is to cultivate the spirit of rule of law in the whole society and form a rule of law culture.

5. Strengthen scientific and democratic legislation and improve the effectiveness of the implementation of local laws and regulations. It is necessary to proceed from the overall perspective of creating a city ruled by law, proceed with local institutional innovation and system innovation, continuously strengthen local legislative work, and improve the quality of local legislation. We must focus on the formulation or revision of urgently needed laws and regulations in improving the economic system, accelerating the transformation of development methods, adjusting and optimizing the economic structure, conserving energy resources, protecting the ecological environment, improving people's livelihood and developing social undertakings, and strengthening the government's own construction. Strive to reflect the requirements of laws, adapt to the needs of the times, conform to the will of the people, and solve practical problems.

The first is to increase the intensity of scientific legislation and democratic legislation, increase the transparency and openness of legislation, and maximize the concentration of people's wisdom and reflect public opinion. Improve working mechanisms such as legislative research, expert consultation and demonstration, cost-benefit analysis, and social risk assessment. Broaden the ways for the public to participate in legislation, and widely solicit public opinions through written solicitation of opinions, online solicitation of opinions, or holding symposiums, demonstration meetings, hearings, etc. We can learn from Chengdu's practice so that all game entities have opportunities from the beginning of legislative activities. Participate extensively in the process of expressing interest demands. The second is to strengthen legislative follow-up supervision and post-legislation evaluation, and strive to improve the effectiveness of the implementation of local laws and regulations.

6. Improve the supervision mechanism and increase supervision. The first is to strengthen the National People's Congress's legal supervision and work supervision of "one government and two courts" to promote administration according to law and fair justice. The second is to give full play to the supervisory role of democratic parties, people's organizations and news media, broaden supervision channels, and effectively strengthen supervision. The third is to attach great importance to the role of supervision by the people and public opinion, effectively protect the people's right to know, participate, express and supervise, and conscientiously resolve problems reported by the masses. The fourth is to improve the internal supervision mechanism, strengthen the construction of the supervision system, and ensure that the power of the public authorities is always under the supervision of the party and the people.

7. Improve the legal service mechanism and improve the level of legal services. First, legal service agencies are set up reasonably in accordance with the law, and legal service personnel do not violate disciplines or commit crimes. Second, the various legal service management systems are sound and complete, and there is no unfair competition. Third, the legal services are of high quality and efficient, with each legal worker providing one piece of legal aid every year. Fourth, the legal service market management is standardized and effective rectification is carried out on a regular basis to effectively improve the level of legal services.