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    The Absence Of Law In China Still Exists In &Nbsp; It Is Necessary To Emphasize That Administration Is The Premise Of Administration.

    2010/12/14 17:09:00 44

    Chinese Legal Administration

    In the fifth Plenary Session of the 17th CPC Central Committee, the party further proposed the acceleration of construction.

    Rule by law government

    The important task.

    To implement and implement the spirit of the Fifth Plenary Session of the Fifth Central Committee of the CPC,

    The 12th Five-Year

    "Planning, promoting the development of economic and Social Sciences, we need to deepen our efforts.

    Administration according to law

    Recognizing the importance of "law" as an important prerequisite and inevitable requirement of "administration", we should strive to achieve substantial results in administration according to law.


    Taking "law" as the premise of "administration", we need to change our thinking mode and enhance the concept of rule of law.

    At present, the administration according to law has become the mainstream administrative concept of all levels of government and its staff, but some people's sense of democracy and legal system is still weak.

    Some believe that administration according to law is not very useful and that it is too cumbersome to do things according to legal procedures. In practice, they often throw the law aside, "replacing the law with words" and "using power to press the law"; others think that administration according to law is the rule of "ruling the people against the government" and putting themselves above the law; some legal instrumentalism is serious, and the law is regarded as a "tool to govern people", which is used when it is advantageous to itself, and does not perform when it is bad for itself; and so on.

    These misconceptions and practices seriously impede the realization of administration according to law and must be corrected.

    It should be clear that law is the highest embodiment of the will of the party and the people. No one can use power to act on behalf of the law, to press the right to press the law, to use power to disobey the law, to use power to abolish the law; everyone is equal before the law and does not allow anyone to have the privilege of surpassing the Constitution and the law.

    In this way, we must have a solid ideological basis for promoting administration according to law.


    Taking "law" as the premise of "administration", we need to deepen reform and improve the legal system.

    An important condition for administration according to law is that there is a law to follow.

    From the perspective of government work, the lack of law still exists.

    We should persist in proceeding from reality, deepen reform and strengthen administrative legislation.

    In legislative thinking, we must persist in legislation according to law, scientific legislation and democratic legislation, and enhance the scientificity, rationality and operability of the legal system. In the legislative process, we should expand the orderly participation of the masses, ensure that their opinions and suggestions are fully expressed, and the legitimate demands and legitimate interests are fully reflected.

    At present, it is especially necessary to strengthen the openness of government affairs and make open and pparent a basic requirement for government administration according to law.

    Any government information that does not involve state secrets, trade secrets and personal privacy should be made known to the public, so that people can clearly and clearly know how much money the government has spent, what they have done, whether they act according to the law, and how efficiently and effectively they work.


    Taking "law" as the premise of "administration", we need to strengthen effective supervision and strictly act according to law.

    Effective supervision is an important guarantee for administration according to law.

    To strengthen effective supervision of administration, first of all, it is necessary to conduct a legality examination of the major decisions of the government. No decision can be made beyond the statutory authority or conflict with laws and regulations. Sound decision-making procedures should be strengthened. Participants in the hearings and expert consultation meetings should be widely representative, especially with the participation of interested parties; establish and improve a major decision tracking feedback and evaluation system, and be responsible for the decision makers who violate the scientific and democratic decision-making rules and cause significant losses in major decision-making mistakes.

    At the same time, we should attach importance to the supervision of the implementation of administrative procedures.

    The government should not only act according to statutory authority, but also act according to legal procedures.

    Without procedural legality, there is no real administration according to law; without procedural justice, it is difficult to guarantee substantive justice and result justice.

    Therefore, strengthening the supervision of administrative procedures is an important task to promote administration according to law.

    In addition, we should pay more attention to the supervision of the masses and the public opinion, protect the people's direct supervision of the government according to law, and support the news media to expose the illegal or improper administrative acts and form the resultant force to promote the administration according to law.

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