Strengthen supervision, accountability and standardize administrative law enforcement
The effectiveness of administrative power restriction and supervision in 2020 is prominent
● The administrative law enforcement supervision system has been continuously improved, and the people's governments at all levels have further strengthened the supervision of the law enforcement activities of law enforcement agencies.
Strictly standardized, fair and civilized law enforcement has improved significantly, and the level of administrative law enforcement has further improved.
When the new crown pneumonia epidemic came out suddenly, administrative law enforcement even withstood the test
● The reform of the administrative reconsideration system, which has been brewing for many years, officially kicked off this year.
The reform of administrative reconsideration in full swing has made this self-correcting supervision system of the government system and the relief system for resolving administrative disputes of "people suing officials" more complete and effective, bringing more momentum to the construction of a government under the rule of law and adding more What a new look
● Government supervision has been normalized. In order to ensure the stable implementation of major decision-making and deployment, the continuous organization of supervision is playing a crucial role in strengthening supervision and accountability, promoting problem rectification, and "zero tolerance" for mediocre and lazy governance. Important role
□ reporter Zhang Wei
Power is a double-edged sword. Operating on the track of the rule of law can benefit the people, while operating outside the law will harm the country and the people.
Strengthening the restriction and supervision of administrative power is the key to the construction of a government under the rule of law.
In 2020, the restriction and supervision of administrative power will be more effective.
Government supervision has been normalized. We will continue to strengthen supervision and accountability, promote problem rectification, and "zero tolerance" for mediocre and lazy governance; the role of administrative reconsideration and supervision has been further brought into play, and the administrative law enforcement supervision system has been accelerated to improve, ensuring prevention and control according to law The new crown pneumonia epidemic has played an important role.
Improve the administrative law enforcement supervision system
The level of administrative law enforcement has been significantly improved
The administrative law enforcement supervision system has been continuously improved, and governments at all levels have further strengthened the supervision of law enforcement actions by law enforcement agencies.
Strictly standardized, fair and civilized law enforcement has improved significantly, and the level of administrative law enforcement has further improved.
When the new crown pneumonia epidemic came out suddenly, administrative law enforcement even withstood the test.
At the beginning of this year, Foshan City, Guangdong Province, when it was about to issue the "Notice on Implementing the "Eight Items" Strictly Controlling Epidemic Prevention and Control Measures", received objections from the policy review team against one of the provisions.
"All residential units with confirmed cases will be quarantined for 14 days." The policy review team believes that this provision is inappropriate: "All quarantine in actual operation may have a greater impact on people's lives." "Especially one unit in a high-rise residential building. Hundreds of households and nearly 1,000 people may be involved. All isolation can easily lead to secondary conflicts and disputes." "This operation is definitely not conducive to the fight against the epidemic."
The policy review team is a "wartime agency." According to regulations, the release of city-level epidemic prevention and control policy documents must be reviewed and approved by the policy review team.
This reminds all departments to make prudent decisions and implement measures such as epidemic monitoring, isolation and treatment, inspection and quarantine using rule of law thinking and methods to maintain the order of epidemic prevention and control, and ensure social stability and order.
This practice in Foshan is a microcosm of the general supervision of law enforcement throughout the country.
Even in this special period of epidemic prevention and control, we ensure that we have a pair of eyes fixed on law enforcement and urge it to operate within the track of the rule of law at all times.
At the beginning of the epidemic, the Ministry of Justice issued a special document that required the coordination and supervision of administrative law enforcement: Make epidemic prevention and control the top priority of the current work, pay close attention to it, make full use of laws and regulations, and insist on law enforcement for the people. , Adhere to strict, fair and civilized law enforcement, strengthen administrative law enforcement supervision, and provide a strong legal guarantee for resolutely winning the battle against epidemic prevention and control.
Law enforcement coordination and supervision departments at all levels across the country have severely cracked down on sabotage prevention and control, such as obstructing and sabotaging compulsory isolation, using epidemic hoarding to drive up prices, and selling wild animals and their products; for excessive prevention and control, such as setting up cards and breaking circuits without authorization , Blocking traffic, restricting the normal production and operation of enterprises, etc., are prohibited; for rough and blunt law enforcement, it is required to stop; for style floating, poor implementation, concealing the truth, falsification, or even interfering, obstructing, or resisting related epidemic prevention and control work Dereliction of duty, accountability...
In facilitating the resumption of work and production, actively carry out “warm” law enforcement, such as the application of exemption clauses for minor violations, to help companies overcome difficulties, while reducing law enforcement disputes, improving law enforcement efficiency, improving law enforcement effectiveness, and optimizing business surroundings.
Administrative reconsideration reform is in full swing
Set points and stop fighting to protect the interests of the masses
Administrative reconsideration, a mechanism that has a binding effect on administrative law enforcement, plays a prominent role in the fight against the epidemic.
The sudden death at home of Hubei Doctor Liu Wenxiong, which once caused the public’s attention, was not recognized as a work-related injury. The name was rectified through administrative reconsideration, and the social department was asked to reconfirm it.
Liu Wenxiong was an outpatient physician at the Sanfutan Township Health Center in Xiantao City, Hubei Province. In the early morning of February 13, he developed chest pain and asthma. He passed away despite being rescued.
The "Medical Certificate (Inference) of Resident Death" showed that the cause of death was "acute myocardial infarction".
Judging from the time and location of the death and the reasons, Xiantao Human Resources and Social Security Bureau made a decision not to recognize a work injury.
For this reason, Liu Wenxiong's unit applied to the People's Government of Xiantao City for reconsideration.
The Xiantao City Government found that in addition to his duties, Liu Wenxiong was also involved in the diagnosis and treatment of fever patients.
The Xiantao City Government made it clear: “Liu Wenxiong’s work-related injury determination should comprehensively consider the work situation during the special period of anti-epidemic, and should not mechanically define'working hours' and'work positions'.”
In this administrative dispute that aroused widespread public opinion, the administrative reconsideration gave the final word, which not only recognized the most beautiful retrograde people's anti-epidemic workload, but also gave them the comfort they deserved, setting a benchmark for resolving similar disputes.
Also of benchmark significance is the administrative reconsideration decision made by the Hunan Provincial People's Government on March 20.
This decision, for the first time in an administrative dispute case, gave a clear answer to whether the emergency control measures involved regional discrimination against Hubei people.
Mr. Wang, who lives in Tongshan County, Xianning City, Hubei Province, planned to travel by high-speed rail from Yueyang City, Hunan Province on January 25, but was intercepted when he entered the Yueyang East Toll Station and was advised to return.
Mr. Wang believed that this action constituted regional discrimination and violated the principle of equality, and filed an administrative review of the Yueyang Municipal Government with the Hunan Provincial People's Government.
In the administrative review, the Hunan Provincial Government made it clear that Yueyang’s approach was not simply based on the geographical label of Hubei nationality, but comprehensively considered the special situation of Hubei Province in epidemic prevention and control and the severe situation of epidemic prevention and control. It conforms to the principle of equality and does not constitute Geographical discrimination; at the same time, it is a necessary prevention and control measure that lessens the rights of Hubei nationals and complies with the principle of proportionality.
Pursuant to the persuasive behavior of Mr. Wang in accordance with the order, the facts are clear, the evidence is conclusive, the application basis is correct, the procedure is legal, and the content is appropriate, and it is maintained.
The administrative reviewer handles cases involving the epidemic in a safe and fast manner in accordance with the law, strictly corrects the illegal or improper behavior of the administrative agency, promptly determines the points to stop disputes, and effectively protects the legitimate rights and interests of enterprises and employees, providing a solid legal guarantee for the resumption of work and production.
It is worth noting that the reform of the administrative reconsideration system, which has been brewing for many years, officially opened this year.
The ongoing administrative reconsideration reform will inevitably make this government system’s self-correcting supervision system and the remedy system for resolving administrative disputes involving "people suing officials" more complete and effective, bringing more impetus to the construction of a government under the rule of law. More new weather.
Government inspections have been normalized
Zero tolerance for mediocre and lazy politics
Beijing has set up household registration restrictions on guaranteed loans for entrepreneurship, and the scale of grants is too small. Announce!
Guaranteed loans for entrepreneurship in Beijing are only for the registered population in Beijing, and entrepreneurs from other places in Beijing cannot enjoy the preferential policies for secured loans for entrepreneurship.
The scale of the city's venture secured loan guarantee fund is 168 million yuan. According to the calculation of the capital scale by leveraging 5 times, it can support the issuance of 840 million yuan of entrepreneurial secured loans.
The inspection found that as of September 2020, the balance of Beijing's entrepreneurial guaranteed loan was only 71.84 million yuan, which only accounted for 8.6% of the fund's loan scale.
The notary office of Huiyang District, Huizhou City, Guangdong Province requires the public to provide circular certificates and report!
The “father-son relationship” certification is a certification item determined by the Ministry of Public Security that is no longer issued by police stations and public security organs, and it is also a certification item determined by the Ministry of Civil Affairs that should not be issued by grassroots mass autonomous organizations.
When the Huiyang District Notary Office of Huizhou City handled the deposit inheritance notarization, it ignored the relevant requirements and repeatedly asked the masses to go to the local public security department and the neighborhood committee to issue a "father-son relationship" certificate, stating that "my dad is my dad" repeatedly, causing the masses to reach 7 It is not possible to apply for notarization of inheritance within months.
The campus network price of Hebei Yanjing Institute of Technology has doubled the market price of the three major telecom operators, report!
The mobile network on the Yenching Institute of Technology runs slowly, and students can only purchase campus network services provided by the school. The price is more than twice the market price of the three major telecom operators.
The school's campus network fees in 2019 exceeded 8 million yuan, and in September 2020 it exceeded 1 million yuan.
These notifications all came from the seventh major inspection by the State Council.
In October this year, 14 inspection teams from the State Council went to 14 provinces (autonomous regions, municipalities) and Xinjiang Production and Construction Corps to conduct field inspections.
Obviously, government supervision has been normalized. In order to ensure the stable implementation of major decision-making and deployment, the continuous organization of supervision is playing an important role in strengthening supervision and accountability, promoting problem rectification, and "zero tolerance" for mediocre and lazy governance. Important role.
In addition to the annual inspection, the "Internet + Inspection" platform of the State Council is becoming more and more familiar and trusted by the public, similar to "Ms. Liu from Jinhua City, Mr. Cui Xinxiang... The "direct call" form of "reply" is also well received by the masses.
Reporter's Notes
In the year of building a moderately prosperous society in an all-round way and the end of the 13th Five-Year Plan, the achievements in the construction of a legal government are obvious.
This is extremely rare in 2020 when the epidemic is the key word.
Because, when an emergency occurs, it is more difficult to restrict and supervise power.
However, 2020 will be a government with comprehensively strengthened administrative power restriction and supervision.
In the normalized government inspections, announcements were issued one after another, not evading problems, not covering up contradictions, naming names, seeing people and seeing things, and the intensity and detail of the content, which demonstrates that the people's governments at all levels face the problems directly and actually touch them. The hard and clear attitude won praise from the masses.
In responding to the emergency of the new crown pneumonia epidemic, supervisory agencies dared not only show their swords to non-standard law enforcement, but also dared to support standardized law enforcement, and played an important role in ensuring that epidemic prevention and control operate on the track of the rule of law.
In the future, we will still make good use of the "weapon" of power restriction and supervision, strengthen our responsibility, stimulate the vitality of officers, and strive to establish a unified power and responsibility, authoritative and efficient administrative system according to the law.