my country's administrative law enforcement supervision system is gradually constructed
Vigorously promote strict, standardized, fair and civilized law enforcement
□ Our reporter Zhang Wei
Our country’s administrative law enforcement has experienced an evolution from being unable to be followed to having law to be followed, and is now moving towards strict law enforcement, standardized law enforcement, fair law enforcement, and civilized law enforcement.
“Especially since the Eighteenth National Congress of the Communist Party of China, China’s administrative law enforcement and supervision have made major achievements: the administrative law enforcement system has been initially formed, the principles of administrative law enforcement have been basically established, the administrative law enforcement system and mechanism have been continuously improved, administrative law enforcement behavior has become more standardized, and administrative law enforcement supervision has been established. The system is gradually being constructed, and the role of administrative law enforcement has been clearly brought into play.” Zhao Zhenhua, director of the Administrative Law Enforcement Coordination and Supervision Bureau of the Ministry of Justice, said in an interview with a reporter from the Rule of Law Daily.
Power must be monitored
There is a report box in the Jiangxi People’s Procuratorate Museum, which contains the following sentence: “Soviet government agencies and economic agencies violated the Soviet’s political platform, policies and current tasks, left the interests of workers and peasants, corrupted, wasted, bureaucratic corruption, or passively sabotaged work. Soviet citizens Anyone has the right to sue the accusation bureau!"
This passage tells the true history of power to be supervised at that time.
On November 27, 1931, the Chinese Soviet Central Executive Committee held its first meeting and elected people’s committees from various ministries and commissions including foreign affairs, land, internal affairs, and industrial and agricultural inspections. The district, county, and provincial executive committees set up industrial and agricultural inspections and internal affairs agencies. , The Workers and Peasants Inspection Office has a complaint bureau under it.
On April 4, 1939, the Shaanxi-Gansu-Ningxia Border Region Government promulgated the "Policy Guidelines for the Anti-Japanese War in the Shaanxi-Gansu-Ningxia Border Region", proposing to "develop agricultural production, protect free management, and abolish loan sharks" and "practice clean politics."
On April 27, 1941, the "Policy Guidelines for the Shaanxi-Gansu-Ningxia Border Region" approved by the Political Bureau of the CPC Central Committee reiterated and deepened the above content, which stipulated the principles of protecting human rights, maintaining government integrity, land, industry and commerce, culture, education, and ethnic groups. And policies.
The Chinese Communist Party is also thinking deeply about how to lead, how to manage and other issues.
On January 18, 1948, the Central Committee of the Communist Party of China issued a directive on "Several Important Issues in Current Party Policies", discussing some specific policy issues in land reform and mass movements, the nature of the people’s democratic dictatorship, and the revolutionary united front. The relationship between the leader and the led is the issue of the leadership of the proletariat.
Since then, the central government has issued a series of instructions, including "Different Strategies for Implementing Land Laws in Different Regions", "Key Points of Land Reform in New Liberated Areas", "Land Reform and Party Consolidation in Old and Semi-Old Areas", "Regarding Industrial and Commercial Policies", and "Regarding National Assets". Issues of Class and Enlightened Gentlemen, "The Party’s Policy Must Be Opened to the Masses in Time" and other documents.
These documents gradually complete and systematize rural policies, urban policies, new district policies, industrial and commercial policies, and unified line policies, and correct various "Left" errors that have appeared during the revolutionary climax.
Administrative procedures are increasingly standardized
After the founding of New China, although there was still no clear concept of "enforcement" at that time, various legal systems as the basis for law enforcement were gradually established.
From the adoption of the "Common Program of the Chinese People's Political Consultative Conference" with the nature of the provisional constitution at the Chinese People's Political Consultative Conference held in September 1949, to the successively formulated and implemented criminal laws and regulations related to the punishment of counter-revolutionary crimes and corruption crimes based on this, Civil economic laws and regulations related to marriage and family, land reform, public-private partnerships, agricultural production cooperatives, and regulations on the organization of courts, procuratorates and people’s mediation committees, laws and regulations on criminal detention, arrest and trial procedures, these are all formalized in the future. Stepping onto the stage of history laid the foundation.
From 1954 to 1956, my country initially established a people's democratic legal system under a constitutional government system, which in essence has the nature of a socialist legal system.
The scope of social relations adjusted by the law has been quite extensive. The legal department has included the Constitution, Administrative Law, Criminal Law, Criminal Procedure Law, Marriage and Family Law, Economic Law, Labor Law, Science, Education and Grammar Law, Social Welfare Law, Military Law, Ethnic Law, etc.
According to statistics, from 1955 to 1956, the State Council promulgated and implemented a total of 551 regulatory documents, gradually standardizing the functions, powers, responsibilities, administrative methods, and procedures of the government and civil servants.
After the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China, party and state leaders represented by Deng Xiaoping summed up historical lessons, deeply realized the extreme importance of legal system construction, and began to plan China's legal system construction, mainly to solve the problem of governing by law.
The Third Plenary Session of the Eleventh Central Committee requested: “In order to protect the people’s democracy, the socialist legal system must be strengthened, democracy will be institutionalized and legalized, so that this system and law will have stability, continuity, and great authority, and ensure that there is Laws can be followed, laws must be followed, law enforcement must be strict, and violations must be investigated."
Since then, the supervision and regulation of law enforcement has become more and more in-depth.
The large-scale inspection of law enforcement started from the local area, and the first trial was carried out, which opened the prelude to standardizing and supervising administrative law enforcement.
Since 1982, Heilongjiang Province has selected some important laws and regulations for law enforcement inspections.
Then this exploration came to the central department. In 1988, the State Bureau of Technical Supervision and the State Council Legislative Affairs Bureau jointly organized a large-scale inspection of the law enforcement of the Metrology Law, and established a mechanism to supervise and inspect the implementation of laws and administrative enforcement at the national level...
Related systems have also been constructed and improved accordingly.
For example, Sichuan Province took the lead in promulgating administrative law enforcement procedures regulations in 1989, and Jiangxi Province promulgated administrative law enforcement inspection regulations; in 1990, Beijing promulgated interim regulations on administrative law enforcement and administrative law enforcement supervision, starting with standardizing law enforcement basis, law enforcement personnel, and law enforcement procedures, and establishing relevant systems ...
Since then, an important system of administrative law enforcement-the "Three Laws and One Regulation" was promulgated: The Administrative Penalty Law was promulgated in 1996, which established the basic principles of the commonality of administrative law enforcement behavior; the Administrative Licensing Law was promulgated in 2003, which determined the basic direction of the transformation of government functions in accordance with the law. , Clarified the legal framework of administrative approval management; in 2008, the government information disclosure regulations were promulgated, which greatly promoted the openness and transparency of administrative law enforcement; the promulgation of the administrative enforcement law in 2012 played an important role in preventing the abuse of administrative power.
Internal and external supervision form a synergy
Since the 18th National Congress of the Communist Party of China, the Party Central Committee and the State Council have made new and higher requirements for building a government under the rule of law.
Deepen the transformation of government functions, vigorously promote the reform of "delegation, control and service", streamline approval items, simplify approval procedures, strengthen administrative inspections, administrative penalties, and administrative compulsory supervision during and after the event, and vigorously promote strict law enforcement, standard law enforcement, fair law enforcement, and civilized law Law enforcement has gradually become a more comprehensive target requirement for administrative law enforcement.
A series of reform measures aimed at the above goals have been introduced intensively.
Since 2015, local law enforcement agencies at all levels have fully implemented the power and responsibility list system, adhered to the principle of no authorization and no action by law, comprehensively sorted out the list of administrative powers and responsibilities based on administrative law enforcement, and compiled and announced the procedures and guidelines for the exercise of power in a timely manner , Accept the supervision of the masses.
Focusing on sunny law enforcement, standard law enforcement, and law enforcement, the State Council organized pilot projects for the administrative law enforcement publicity system, the whole process of law enforcement record system, and the legal review system for major law enforcement decisions in 2017. The trials achieved expected results and formed many effective systems. The mechanism has laid a practical foundation for the comprehensive implementation of the three systems.
After deliberation and approval by the Central Committee for Comprehensive Deepening Reform, the General Office of the State Council issued on December 5, 2018 the "Guiding Opinions on the Full Implementation of the Administrative Enforcement Publicity System and Enforcement Process Record System, Major Administrative Enforcement Decisions and Legal Review System", starting from the source of administrative law enforcement Strict regulation of the three key links of, process and results will play an overall, breakthrough and driving role in administrative law enforcement.
In addition, administrative law enforcement relies on information technology and the Internet to implement information system law enforcement and case handling, build an administrative law enforcement and supervision information platform, real-time transmission of law enforcement field electronic data, extensive use of electronic recorders, automatic generation of law enforcement electronic documents, and law enforcement information exchange between departments Sharing greatly improves the efficiency of law enforcement.
According to Zhao Zhenhua, the administrative law enforcement supervision system is gradually being constructed.
The scope of supervision, the subject of supervision, the means of supervision, and the accountability of responsibilities have gradually been clarified. Internal supervision and external supervision have formed a joint force. In particular, reconsideration supervision, litigation supervision, and social supervision have effectively corrected illegal administrative law enforcement activities and safeguarded the legitimate rights and interests of the management counterparts.
On this basis, the role of administrative law enforcement has also been clearly brought into play.
"As the most routine and most direct administrative law enforcement by the government, it has played a huge role in maintaining the order of economic and social life, protecting the interests of the people, guaranteeing reform and opening up, promoting economic development, maintaining social stability, and protecting the ecological environment. It has laid a solid foundation for the implementation of the comprehensive rule of law, the establishment of a government under the rule of law, and the modernization of the government's governance system and governance capabilities." Zhao Zhenhua said.