China News Service, March 29 (Xinhua) According to the website of the Ministry of Justice, the Ministry of Justice released the 2023 annual report on the construction of a rule of law government. The specific report is as follows:
1. Persist in inserting the party’s leadership into all aspects of the entire process of building a rule of law government
The party group of the Ministry has always adhered to and strengthened the party's leadership in the construction of a rule of law government, emphasized the in-depth integration of political construction and business work, and firmly supported the "two establishments" and resolutely achieved the "two safeguards" in practical work to ensure that the rule of law government Build in the right direction.
Persist in using the party’s innovative theory to condense the heart and forge the soul. We must carry out thematic education in a solid and in-depth manner, continue to work hard to arm the party with innovative theories, guide party members and cadres to consciously use the worldview methodology of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era to analyze and solve practical problems in building a rule of law government, and effectively transform the results of thematic education into In order to promote the effectiveness of the construction of a rule of law government.
Improve the system and mechanism for building a government under the rule of law under the leadership of the Party. Adhere to the "first issue" system, thoroughly study and understand the spirit of General Secretary Xi Jinping's important speeches and important instructions, improve the tracking and implementation mechanism, and ensure that General Secretary Xi Jinping's important instructions and instructions on the construction of a rule of law government are implemented to the letter and are effective. Strengthen the role of the party committee's rule of law construction deliberative and coordination body in taking the lead, planning, and supervising implementation, and make the overall work pattern of promoting the construction of a rule of law government more complete. Supervise and guide all regions to thoroughly implement the regulations on the responsibilities of the first person responsible for the construction of a rule of law government, and uniformly deploy the annual legal presentation work. The results of full coverage of legal presentations by the main responsible persons of local party and government at or above the county level are further consolidated.
Pay close attention to the study and implementation of Xi Jinping’s Thought on the Rule of Law. Strengthen the research and interpretation of the original contributions of Xi Jinping Thought on the Rule of Law, compile and publish "Questions and Answers on the Study of Xi Jinping Thought on the Rule of Law", and provide important auxiliary reading materials for the broad masses of cadres and the masses to deeply study and implement Xi Jinping Thought on the Rule of Law. Together with relevant departments, we organized special training courses for law schools across the country to study and implement the spirit of the 20th National Congress of the Communist Party of China and Xi Jinping’s Thought on the Rule of Law, and to study and implement Xi Jinping’s Thought on the Rule of Law and strengthen administrative law enforcement capabilities. For the first time, we were responsible for 625 law schools across the country. More than 370,000 administrative law enforcement personnel have conducted comprehensive centralized training, and 279,000 newly recruited civil servants across the country have been given special lectures on Xi Jinping’s rule of law thought, guiding party members and cadres to strengthen their confidence in the rule of law and firmly follow the path of socialist rule of law with Chinese characteristics. We should ensure the entrance to the training of legal talents, make Xi Jinping’s Thought on the Rule of Law a required part of the National Unified Legal Professional Qualification Examination, and intensify inspection efforts.
2. Closely follow the legislative needs for high-quality development and improve the administrative system according to law
Adhere to scientific legislation, democratic legislation, and legislation in accordance with the law, improve overall coordination capabilities, enrich and innovate legislative forms, improve the quality and efficiency of legislation, and serve high-quality development with high-quality legislation.
Strengthen the supply of laws and regulations. Formulate opinions and plans for strengthening legislative work in key areas and emerging areas, formulate and implement the State Council's 2023 annual legislative work plan, and review and complete 51 legislative projects. First, the key legislative items identified by the Party Central Committee and the State Council, such as the Food Security Law, the Law on the Prevention and Control of Infectious Diseases (revised), the Tariff Law, the Preschool Education Law, the Regulations on the Supervision and Administration of Non-bank Payment Institutions, and the Regulations on the Internet Protection of Minors, are regarded as top priorities. The most important thing is to ensure high quality and efficient completion. The second is to promote the formulation and revision of the Law on the Protection of State Secrets, the Interim Regulations on the Management of Unmanned Aircraft Flights, the Regulations on Human Organ Donation and Transplantation, and the Regulations on Consular Protection and Assistance, focusing on promoting high-quality development, improving people's livelihood and well-being, and improving the national security and rule of law system. Approval of important laws and regulations. The third is to insist on highlighting key points and taking urgent needs first, strengthening legislative review and overall coordination, and more adopting the "small and fast" legislative model, with the Ministry of Justice involved in advance or directly taking the lead in organizing the drafting of draft laws and regulations. In accordance with the deployment of the Party Central Committee, we took the lead in setting up a special team to organize the drafting of the Private Economy Promotion Law, and widely listened to the opinions of private entrepreneurs, experts and scholars, and all parties. It has received great attention and eager expectations from the whole society. The fourth is to accelerate the improvement of the foreign-related laws and regulations system, complete 6 key legislative projects such as the Foreign State Immunity Law with high quality and efficiency, enrich the legal and regulatory toolbox, and review 16 treaties such as the WTO's "Fishery Subsidy Agreement" and other treaties.
Adhere to the simultaneous implementation of legislation, reform, abolition and interpretation. A comprehensive and centralized review of 604 administrative regulations has been carried out, and three batches of amendments and abolition results have been announced. Current administrative regulations and their historical texts have been disclosed in a centralized and unified manner to provide legal guarantee for promoting high-quality development, comprehensively deepening reforms, and maintaining overall social stability. Organize and carry out special clean-up of administrative normative documents related to laws, regulations, and administrative review related to the protection of the Yellow River Basin, ecological protection of the Qinghai-Tibet Plateau, etc., to effectively safeguard the unity of the country's rule of law.
Solidly carry out filing review and legality review work. Adhering to the principle that "everything must be reviewed, everything must be reviewed, and any mistakes must be corrected", 3,021 laws and regulations submitted for filing by various localities and departments were reviewed in accordance with the law, and laws and regulations that violated higher-level laws were corrected and dealt with in accordance with legal procedures and authority. . We will solidly advance the revision of the Regulations on the Filing of Laws and Regulations, improve the team of experts for the filing and review of laws and regulations, and actively promote the construction of a filing database and a national working platform for the filing and review of laws and regulations. Guide all localities to strengthen the legality review of administrative normative documents, intensify efforts to control the chaos of "red-headed documents", and effectively prevent the formulation and issuance of inappropriate documents from the source.
3. Solidly promote administration according to law based on functions
Closely focusing on major national strategies such as building a new development pattern, promoting high-quality development, and expanding high-level opening up, we will comprehensively improve our ability to perform duties in accordance with the law and better play the role of judicial administrative functions.
Adhere to the "two-hand approach" of demonstration creation and legal supervision. We will solidly organize and carry out the third batch of national legal government construction demonstration and creation activities, increase the publicity, promotion, transformation and application of demonstration and creation results, and give full play to the leading role of demonstration areas and projects. Research and explore the implementation of precise, "small incision" legal inspections, and deploy various regions to carry out special rectification of prominent issues in the fields of road traffic safety and transportation law enforcement.
Promote the improvement of administrative levels according to law. Guide, coordinate and promote comprehensive law enforcement reform in accordance with the law, and promote the establishment of a comprehensive administrative law enforcement coordination and supervision system covering all four levels of provinces, cities, counties and townships. Deploy a three-year action to improve the quality of administrative law enforcement, focus on strengthening the supervision of enterprise-related administrative law enforcement, and correct prominent problems such as inaction, disorderly conduct, rough law enforcement, and irregular law enforcement in accordance with the law. Guide relevant localities and departments to improve the connection mechanism between administrative law enforcement and criminal justice, and strive to overcome the phenomenon of persisting in cases and substituting punishment for punishment. Issue guidelines for the formulation and management of administrative discretionary power benchmarks to guide local governments and departments in improving the administrative discretionary power benchmark system. Actively promote the work of government legal advisers and public lawyers, and the number of public lawyers has grown to 114,800.
Promote the construction of a legal business environment. Draft and submit to the State Council for issuance of the "Guiding Opinions on Further Standardizing and Supervising the Setting and Implementation of Fines", which for the first time regulates the setting and implementation of fines in administrative regulations and rules, and actively creates a stable, fair, transparent, and predictable legalized business environment . Draft and submit to the State Council for issuance of the "Decision on Cancellation and Adjustment of a Group of Fines" to cancel and adjust 33 fines in 9 areas to effectively reduce the burden on business entities. We will continue to deepen the reduction of certificates for the convenience of the people, and guide all regions and departments to comprehensively implement the notification and commitment system for certification matters and enterprise-related business license matters. We issued guidance on the management of the list of notarization certification materials, standardized 81 notarization matters in 33 categories, and deleted 116 certification materials, effectively solving circular and unnecessary certifications.
Deeply implement the “Eighth Five-Year Plan” for legal education. Drafted the "Opinions on Establishing a List of Intra-Party Regulations and National Laws that Leading Cadres Should Know and Comply with", published the "Compilation of Intra-Party Regulations and National Laws that Leading Cadres Should Know and Comply with", and formulated "What Leading Cadres Should Know and Comply with in the Judicial Administration System" List of Party Regulations and State Laws. Deploy the establishment of the first batch of "National Law-abiding and Legal-Publication Demonstration Cities (Counties, Districts)", deepen the creation of "Democracy and Rule of Law Demonstration Villages (Communities)", vigorously cultivate "law-savvy people", organize the selection and publicity of "2023 Rule of Law Figures", and carry out activities to improve citizens The pilot project on legal literacy will promote the continuous enhancement of the people's awareness of the rule of law.
Better service and high level of openness. The 10th Meeting of Ministers of Justice of the Shanghai Cooperation Organization member states was successfully hosted. General Secretary Xi Jinping sent a congratulatory letter. Participants responded strongly and all parties signed a joint statement. Strengthen foreign-related legal services involving Hong Kong and Macao, promote the pilot project of building an international commercial arbitration center, select 295 notary institutions to carry out overseas remote video notarization, and promote the extension of the pilot program for Hong Kong and Macao lawyers to practice in the Guangdong-Hong Kong-Macao Greater Bay Area for three years. Accelerate the training of foreign-related legal talents, thoroughly implement the foreign-related lawyer talent training project and the foreign-related arbitration talent training project, and work with relevant departments to promote the construction of an innovative base for the collaborative training of foreign-related legal talents. International judicial assistance was carried out in an orderly manner, 237 criminal judicial assistance cases from 38 countries were reviewed and handled, and 88 transfer cases involving 16 countries were safely handled.
4. Effectively play the role of the main channel for administrative reconsideration
In 2023, administrative review agencies at all levels have always focused on safeguarding the legitimate rights and interests of the people. 315,000 new administrative review cases were accepted nationwide, a year-on-year increase of 17.1%; 293,000 administrative review cases were handled in accordance with the law, a year-on-year increase of 14.45%, among which the judicial The Ministry handled 4,644 administrative review cases under the State Council.
In-depth study, publicity and implementation of the newly revised Administrative Review Law. Together with relevant departments, we have efficiently completed the revision of the Administrative Reconsideration Law, intensified publicity and interpretation of the newly revised Administrative Reconsideration Law, held the first national in-class training on administrative review of administrative trials, and conducted online training for all 25,000 administrative review personnel across the country. Promote all regions and departments to better implement the new requirements and regulations of the Administrative Review Law.
Continue to improve the quality and efficiency of administrative reconsideration. We launched an annual campaign to improve the quality of administrative review and guided administrative review agencies at all levels to handle 63,800 administrative review cases involving people's livelihood and more than 30,000 enterprise-related administrative review cases in accordance with the law. In 2023, administrative review agencies at all levels across the country closed 37,000 cases through mediation and reconciliation, and a large number of administrative disputes were substantively resolved. Strengthen the connection and cooperation between administrative reconsideration and administrative litigation to form a synergy to deepen the management of litigation sources. The informatization construction of administrative reconsideration has been accelerated, and “one network” for national administrative reconsideration has been basically formed.
Strengthen administrative supervision in accordance with the law. The supervision of individual cases was intensified. Administrative reconsideration agencies at all levels made 27,300 error correction decisions throughout the year, including cancellation, change, confirmation of illegality and ordering to perform decisions, with an error correction rate of 12.83%. A total of more than 3,800 administrative reconsideration opinions and recommendations were issued across the country, achieving the goal of "handling one case and standardizing one case" and effectively promoting administration according to law from the source.
5. Efforts to improve the standardization level of judicial administration work
We will improve systems and mechanisms and continuously increase government transparency and supervision so that judicial administration always reflects the people's will and accepts people's supervision.
We will do a solid job in disclosing government information. Standardize work procedures, improve work efficiency, and provide convenience for the people to obtain government information in accordance with the law. 352 new government information disclosure applications were received throughout the year, 10 were carried forward from the previous year, and 334 were completed, with a completion rate of 94.8%. The governments involved Information disclosure responses must ensure legal procedures, correct fact determination and correct application of law.
Do a good job in the work of National People's Congress bills, suggestions and CPPCC proposals. We conscientiously did a good job in sorting, urging, summarizing, feedback, and summarizing the National People's Congress bills, suggestions, and CPPCC proposals, and responded to all 102 National People's Congress bills, 240 suggestions, and 101 CPPCC proposals on time.
Increase public participation in supervision and law enforcement. Research and formulate the administrative law enforcement evaluation index system and people's satisfaction evaluation standards, and deploy third-party evaluation work for the people's satisfaction evaluation of administrative law enforcement. The supervision mechanism for major administrative law enforcement cases (incidents) was improved, and 86 administrative law enforcement public opinion incidents were supervised through the administrative law enforcement supervision, criticism and suggestion platform. Organize and carry out pilot work on the connection mechanism between administrative law enforcement supervision and the 12345 government service hotline, and establish an information exchange mechanism with social supervision channels such as news media.
At the same time, we are also clearly aware that there are still some gaps and deficiencies in our work, such as: insufficient supply of legal systems related to some new business formats and new models. The demonstration indicator system for the construction of a rule of law government needs to be adjusted and improved in a timely manner according to the new situation and new tasks, and the construction of administrative administration must be accelerated. The law enforcement coordination and supervision work system needs to make greater efforts, the implementation of the newly revised Administrative Reconsideration Law needs to continue to work hard, and the construction of the public legal service team needs to be strengthened. We will take pragmatic and effective measures to continue to work hard and speed up the resolution of these problems.
In 2024, the Ministry of Justice will adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, deeply implement Xi Jinping Thought on the Rule of Law, deeply understand the decisive significance of the "two establishments", strengthen the "four consciousnesses" and strengthen the "four self-confidences" , achieve "two maintenances", thoroughly implement the "Implementation Outline for the Construction of a Legal Government (2021-2025)", and strive to build a market-oriented, legal-based, international first-class business environment, promote the scientific standardization of major administrative decisions, and strengthen administrative law enforcement New breakthroughs have been made in coordinating supervision and promoting the substantive resolution of administrative disputes, coordinating and promoting the construction of a rule of law government with greater intensity and more practical measures, contributing to the construction of a powerful country in the new era and the great cause of national rejuvenation, and welcoming the 75th anniversary of the founding of the People's Republic of China with outstanding achievements. anniversary!