(a) improve the system of leading cadres to learn the law. All departments at all levels should establish and improve the system of leading cadres' study of law, and organize leading cadres to learn legal knowledge in a planned way by taking various ways such as government pre-meeting study and special legal lectures. The government at or above the county level shall hold at least two seminars on leading cadres' administration according to law every year, and the specific work shall be undertaken by the legal institution of the government.
(two) the establishment of leading cadres before taking office in accordance with the law and legal knowledge examination system. Attach importance to promoting and using outstanding cadres who have a strong sense of administration according to law and are good at solving problems and promoting development by legal means. For cadres who intend to assume leadership positions at all levels and departments, it is important to master relevant legal knowledge and administration according to law as an important part of pre-appointment inspection. Among them, those who intend to be appointed as leaders of law enforcement departments shall be tested for relevant legal knowledge, and those who have committed major administrative violations or failed the legal knowledge test shall not be appointed.
(3) Improve the civil service recruitment examination system. It is necessary to establish legal quality as an essential quality of civil servants and increase the proportion of legal knowledge in relevant subjects of civil service recruitment examination. The pre-service legal knowledge examination system shall be implemented, and special legal knowledge examinations shall be organized for civil servants who intend to engage in administrative law enforcement and government legal work.
(four) strictly implement the training system for administrative law enforcement personnel. On-the-job administrative law enforcement personnel, the legal institution of the government at the same level shall organize an annual training examination on general legal knowledge and new laws and regulations, and the government department shall organize an annual training examination on specialized legal knowledge. Those who fail to participate in training or fail to pass the examination without justifiable reasons shall be disqualified from law enforcement and transferred from law enforcement posts. Training and academic performance are one of the bases for the assessment and promotion of administrative law enforcement personnel.
The second is to innovate the working mechanism and improve the quality of system construction
(1) Improve the legislative mechanism of the government. Improve the system and mechanism of public participation in government legislation, collect suggestions on legislative projects through multiple channels when formulating government legislative plans, listen to public opinions extensively when drafting and deliberating draft local regulations, and feed back the adoption of opinions in an appropriate way. Carry out the government legislative hearing system, and organize hearings for all legislative projects involving public interests and the vital interests of the masses. All draft government regulations should be publicly solicited through government websites and news media. Establish and improve the expert consultation and demonstration system, and organize relevant experts to fully demonstrate all major issues related to economic and social development and professional legislative projects. Explore the establishment of a risk assessment mechanism for government legislation, and conduct risk assessment on legislative projects related to economic and social development and the vital interests of the people. Establish and improve the coordination mechanism of government legislation, and strengthen the leading and coordinating role of government legal institutions in government legislation. Where laws and regulations involve the responsibilities of multiple departments, the drafting department shall listen to the opinions of relevant departments at the drafting stage, and the government legal institution shall coordinate different opinions at the review stage. If no consensus can be reached through coordination, it shall put forward opinions and report them to the government at the same level for decision. Explore the establishment of a cost-benefit analysis system for government legislation, especially economic legislation. Strengthen the interpretation of government regulations.
(2) Improve the procedures for formulating normative documents. Conscientiously implement the "Regulations on the Formulation of Normative Documents in Hebei Province" and further improve the formulation procedures of normative documents. The formulation of normative documents that have a direct impact on the rights and obligations of citizens, legal persons and other organizations must go through public consultation, legality review and collective discussion and decision. We will fully implement the pre-trial system for the legality of departmental normative documents. When a government department formulates a normative document, it shall submit it to the legal institution of the government at the corresponding level for legality review before its release. Without review or illegal review, it shall not be promulgated and implemented. Implement the system of public release of normative documents, which shall be announced to the public through local government bulletins, government websites, news media and other forms; Unpublished normative documents shall not be used as the basis for administrative management. Normative documents of government departments reviewed by government legal institutions according to law shall be uniformly registered, numbered and released to the public by government legal institutions. Normative documents formulated by the municipal, county (city, district) and township (town) governments shall be reported to the government at the next higher level for the record in accordance with the prescribed time and procedures. Regulatory documents filing and supervision institutions shall regularly announce to the public the catalogue of regulatory documents that have passed the legality review.
(three) the establishment of regulations, normative documents evaluation and regular cleaning system. Both the formulation of the "new law" and the reform of the "old law" must be equally important. After the implementation of government regulations and normative documents, the formulation organ shall timely evaluate their implementation according to the economic and social development, and timely amend or abolish the provisions that are not suitable for the requirements of economic and social development and inconsistent with the superior law. From 20 1 1, government regulations are generally cleaned up once every five years, and the catalogue of government regulations that continue to be effective, abolished and invalid is announced to the public. Implement the system of validity of normative documents, and the validity of normative documents shall not exceed 5 years at the longest; Marked "provisional" and "trial", the validity period shall not exceed 2 years. Normative documents will automatically become invalid when their validity expires; Need to continue to implement, should be re-examined, decided and announced procedures.
Third, improve the administrative decision-making mechanism and promote scientific and democratic decision-making according to law.
(1) Improve administrative decision-making procedures. Departments at all levels should further improve the administrative decision-making procedures by revising government work rules or issuing special documents, clarify the scope of major administrative decisions, and take public participation, expert consultation, risk assessment, legality review and collective discussion and decision as the necessary procedures for major administrative decisions.
(two) to establish a review system for the legality of major administrative decisions. Before making major administrative decisions, departments at all levels shall submit the plan to the government at the corresponding level, and the legal institution of the department or organize relevant legal experts to review the legality. If the plan has not been examined according to law or is illegal after examination, it shall not be submitted to the meeting for discussion and decision. Adhere to the system of the person in charge of the legal institution of the government to attend the executive meeting of the government, and give full play to the role of the staff, assistants and legal advisers of the legal institution of the government. Governments at all levels should establish legal expert consultation institutions.
(3) Improve the system of listening to opinions in administrative decision-making. When making major decisions, administrative organs should listen to and fully absorb opinions from all sides, solicit opinions from the public on major decision-making matters involving the vital interests of the people, and organize relevant experts to demonstrate the necessity and feasibility of major decisions involving the economic development of the region and decisions with strong professionalism. To improve the hearing system of major administrative decisions, if the laws, regulations and rules stipulate that a hearing should be held, and the decision-making matters involving major public interests and the vital interests of the masses should be organized. It is necessary to select hearing representatives scientifically and reasonably to ensure the broad representation of hearing participants. Hearing activities shall be conducted in public in accordance with laws and procedures to ensure that participants in the hearing conduct equal and full cross-examination and debate on relevant facts and legal issues. Hearing opinions should be taken as an important reference for decision-making. When listening to public opinions and holding hearings, the adoption of public opinions and their reasons shall be fed back or announced in an appropriate way.
(4) Establish a risk assessment mechanism for administrative decision-making. All departments at all levels should establish an administrative decision-making risk assessment system in light of local conditions and the actual conditions of their own departments, and clarify the scope, contents, procedures and methods of risk assessment. All major administrative decisions involving local economic and social development and the vital interests of the people, such as major government investment projects, major public facilities construction, price adjustment of public utilities, enterprise restructuring, land acquisition and demolition, environmental protection, education and medical care, and social security system reform, should be legal and reasonable. The results of risk assessment should be used as an important basis for administrative decision-making, and no decision can be made without risk assessment.
(five) the establishment of major administrative decisions tracking feedback and accountability system. The administrative decision-making organ shall, through sampling inspection, follow-up investigation and evaluation, strengthen the evaluation of the implementation of decision-making, find and correct the problems existing in decision-making in time, and reduce the losses caused by decision-making mistakes. It is necessary to establish an accountability system for administrative decision-making. In violation of the provisions of the decision-making, major decision-making mistakes, resulting in heavy losses, we should strictly investigate the responsibility according to the principle of who makes the decision and who is responsible.
Four, standardize the administrative law enforcement behavior, to ensure the correct exercise of power.
(1) straighten out the administrative law enforcement system. It is necessary to intensify the implementation of relatively centralized administrative punishment power. 20 1 1 the power of relatively centralized administrative punishment for urban management will be implemented in all districts and cities and some counties (cities), and gradually extended to other counties (cities). Continue to promote comprehensive administrative law enforcement. Departments with more administrative law enforcement functions will, in principle, only establish a comprehensive law enforcement agency to integrate law enforcement forces and improve law enforcement efficiency. Establish and improve the coordination mechanism of administrative law enforcement disputes. The legal institution of the government at or above the county level shall actively coordinate and solve the law enforcement disputes between administrative law enforcement departments. If the coordination fails, the solution shall be put forward in time and reported to the government at the same level for decision. The government at or above the county level shall coordinate the relevant administrative law enforcement departments to establish a communication and coordination mechanism, strengthen the exchange of law enforcement information, and realize resource sharing. Governments at or above the county level shall improve the administrative law enforcement funds guarantee mechanism, and incorporate the necessary funds required by administrative law enforcement organs to perform their statutory duties into the fiscal budget at the same level for protection.
(two) strictly regulate the administrative law enforcement behavior. Improve administrative law enforcement procedures. Administrative law enforcement departments should combine the actual situation, refine the law enforcement process according to law, clarify every link and step of administrative law enforcement, and improve the systems of notification, explanation, withdrawal, investigation and evidence collection, hearing and collective decision of administrative law enforcement. Start the legislation of administrative procedure in our province in time. Further promote the standardization of administrative discretion. All departments at all levels shall, in accordance with the requirements of the Guiding Opinions of the People's Government of Hebei Province on Establishing the Benchmark System of Administrative Discretion, formulate implementation measures in combination with local conditions and departmental conditions, and fully implement the Benchmark System of Administrative Discretion in all kinds of administrative law enforcement departments at all levels. Improve the way of administrative law enforcement. The administrative law enforcement departments and their law enforcement personnel should adhere to civilized law enforcement, respect the personal dignity of the law enforcement objects, behave in a civilized manner, have a fair attitude and have standardized language. Adhere to the equal emphasis on management and service, the combination of congestion control and guidance, and actively promote flexible law enforcement methods such as administrative guidance. Strengthen the informatization construction of administrative law enforcement and administrative law enforcement supervision, realize online management and supervision of administrative law enforcement process, and improve the efficiency and standardization level of administrative law enforcement. Improve the evaluation system of administrative law enforcement files. The administrative law enforcement department shall establish a record system of administrative law enforcement supervision and inspection, and improve the administrative law enforcement files. The legal institution of the government at or above the county level shall organize an annual evaluation of the administrative law enforcement files, and put forward opinions on further standardizing the administrative law enforcement behavior in view of the problems found in the evaluation.
(three) in-depth implementation of the administrative law enforcement responsibility system. The administrative law enforcement department shall, according to the laws, regulations and rules of the legislation, change and repeal, timely adjust the administrative law enforcement responsibilities, clear law enforcement agencies, law enforcement positions, law enforcement personnel's law enforcement responsibilities, and earnestly make the responsibilities clear and responsibilities in place. The government at or above the county level shall bring the administrative law enforcement of the law enforcement departments at the same level into the scope of administrative examination according to law, organize the examination regularly, and report the examination results. The administrative law enforcement department shall assess the enforcement of administrative law enforcement agencies and law enforcement personnel every year, and the assessment results will serve as an important basis for the rewards and punishments, promotion and promotion of law enforcement personnel. Conscientiously implement the "Hebei Province administrative law enforcement fault accountability measures", improve the administrative law enforcement fault accountability system, for non-performance, illegal performance or improper performance of statutory duties, resulting in damage to the legitimate rights and interests of citizens, legal persons and other organizations, resulting in adverse consequences, we must strictly investigate the responsibility of the relevant responsible personnel.
(four) to strengthen the construction of administrative law enforcement team. Strictly implement the legality review system of administrative law enforcement subject qualification. Departments and units that fail to obtain confiscation licenses in accordance with the Interim Measures for the Administration of Confiscated Property in Hebei Province shall not impose administrative penalties. We should conscientiously implement the Measures for the Administration of Administrative Law Enforcement Certificates and Administrative Law Enforcement Supervision and Inspection Certificates in Hebei Province, and strictly implement the qualification system of administrative law enforcement personnel and the system of holding certificates. Administrative law enforcement personnel must hold the administrative law enforcement certificate issued by the provincial government. Administrative law enforcement personnel who hold administrative law enforcement certificates issued by the vertical administrative department of the State Council according to law shall file with the legal institution of the local government, participate in the legal knowledge training and examination organized by the legal institution of the local government, and accept the supervision and inspection of the legal institution of the local government.
Five, comprehensively promote the openness of government affairs and increase the transparency of government work.
(1) Deepening the disclosure of government information. Administrative organs at all levels should improve the system and mechanism of government information disclosure, further standardize the subject, object, content, methods and procedures of government information disclosure, and disclose all government information to the society in a comprehensive, timely and accurate manner except those involving state secrets, commercial secrets and personal privacy. Administrative organs at all levels should designate agencies responsible for government information disclosure, improve the release mechanism of government information disclosure, improve the spokesperson system, implement the carrier of government information disclosure, and establish systems such as government information work assessment, social evaluation, annual report and accountability to ensure the smooth development of government information disclosure.
(two) to further broaden the scope of publicity. All government departments open to the public should further broaden the field of public affairs, and all management and service matters closely related to the people, such as social security, medical insurance, subsistence allowances, employment and re-employment, family planning, administrative fees, agricultural subsidies, student aid from poor families, etc., should be fully disclosed to the public, and the basis, process and results of work should be disclosed according to law. It is necessary to promote the online publicity of administrative power, and gradually implement the online public operation of administrative punishment, administrative license and administrative compulsion. At the same time, it is necessary to implement an open system in hospitals, schools, public transportation, public utilities and other public utilities to provide efficient and convenient services.
(3) Innovating the way of making government affairs public. On the basis of continuing to use government gazette, public affairs column, service guide and clear card, give full play to the role of newspapers, radio, television and other media. Further strengthen the construction of e-government, make full use of modern information technology, and build an Internet information service platform and a convenient service network platform. Combine the openness of government affairs with the reform of administrative examination and approval system, promote the standardized construction of administrative service centers, and implement "parallel examination and approval", "joint examination and approval" and online examination and approval, so that the people can get faster and more convenient services.
Six, improve the supervision mechanism, strengthen the supervision of administrative acts.
(1) Consciously accept supervision. Consciously accept the supervision of the people's congress at the same level and its Standing Committee. In addition to the annual government work report, governments at all levels should also choose hot issues related to the overall situation of reform, development and stability, the vital interests of the masses and the general concern of the society, and take the initiative to make special reports to the Standing Committee of the National People's Congress at the same level. At the end of each year, it shall report to the Standing Committee of the people's congress at the same level on the administration according to law this year. Consciously accept the democratic supervision of CPPCC and seriously adopt its opinions and suggestions. Consciously accept the judicial supervision of the people's court, correctly treat and conscientiously do a good job in responding to administrative litigation, respect and consciously fulfill the judgments and rulings of the people's court. Consciously accept social supervision. Improve the system of reporting complaints by the masses and encourage them to report illegal or improper administrative acts. Support the news media to expose illegal or improper administrative acts. For the problems reported by the people, the administrative organ that accepts the report should seriously investigate and verify, deal with them in time, and feed back the results to the informants. For the problems reflected by the news media, the administrative organs with problems should check and deal with them in time, and announce the results to the public; If the problem does not belong to the administrative organ, the administrative organ at a higher level shall order it to be handled and hold the relevant person in charge accountable.
(2) Strengthen the internal supervision of administrative organs. Establish and improve the internal hierarchical supervision system of administrative organs. It is necessary to strengthen the daily supervision of the higher administrative organs over the administrative acts of the lower administrative organs through asking for instructions, law enforcement inspection, examination and approval, filing and evaluation of major administrative acts. Further strengthen special supervision such as auditing and supervision. At present, the audit department should focus on strengthening the audit of special financial funds and budget implementation, major investment projects, financial audits, and economic responsibility audits of leaders of state-owned enterprises, and strengthen the audit of public funds such as social security funds, housing provident funds, and poverty alleviation and disaster relief. Supervision departments should fully perform their statutory duties, actively promote administrative accountability and government performance management supervision, and seriously investigate the responsibility of those who violate the law and discipline. The administrative organs at all levels shall support and cooperate with the auditing and supervision departments to exercise their supervision power independently according to law.
(3) Resolutely implement the administrative accountability system. Governments at or above the county level should improve the administrative accountability system according to the Interim Provisions on the Implementation of the Accountability of Leading Cadres of the Party and Government issued by the General Office of the Central Committee and the General Office of the State Council, combined with local conditions, and strictly implement it. For acts such as orders, prohibitions, administrative inaction, dereliction of duty, abuse of power, illegal decision-making and the formulation and release of normative documents, which lead to major accidents, incidents or serious illegal administrative cases in a region or a department, it is necessary to seriously investigate the responsibility of the relevant leaders until the chief executive.
Seven, improve the administrative reconsideration work, improve the mechanism of resolving contradictions and disputes.
(a) improve the administrative reconsideration work. Governments at all levels should conscientiously implement the Administrative Reconsideration Law and its implementing regulations, earnestly strengthen and improve the work of administrative reconsideration, and strive to solve administrative disputes in the initial stage and in administrative procedures. Improve the ability of administrative reconsideration, improve the administrative reconsideration institutions, enrich and strengthen personnel strength, and ensure that reconsideration cases are handled by more than 2 reconsideration personnel according to law. It is necessary to improve the qualification system of administrative reconsideration personnel and promote the professionalization and standardization of the administrative reconsideration team. It is necessary to actively carry out the pilot work of the administrative reconsideration Committee and explore relatively centralized administrative reconsideration trials. The government at or above the county level shall include the administrative reconsideration funds into the fiscal budget and guarantee them. Smooth channels for administrative reconsideration and actively accept administrative reconsideration cases. Strengthen the publicity of the administrative reconsideration system and guide citizens, legal persons and other organizations to resolve disputes through administrative reconsideration channels. When administrative organs at all levels make specific administrative acts, they must inform the parties of their rights and ways to apply for administrative reconsideration. Actively accept applications for administrative reconsideration, do a good job in explaining matters that are not within the scope of reconsideration according to law or should be solved by other means, inform the parties of the legal solutions, and never simply shirk. It is necessary to innovate the application methods for administrative reconsideration, simplify the application procedures and facilitate the parties to apply. The administrative organ at a higher level shall strengthen the supervision of the administrative reconsideration acceptance activities of the administrative organ at a lower level, and resolutely correct the behavior of not accepting the application for reconsideration without justifiable reasons. Improve the linkage mechanism between administrative reconsideration and letters and visits, and guide the parties to solve the disputes within the scope of administrative reconsideration through administrative reconsideration channels in time. Innovating the administrative reconsideration mechanism to improve the quality of handling cases. Adhere to the facts as the basis, take the law as the criterion, and comprehensively use written examination, field investigation, hearing, cross-examination and other means to handle cases, find out the facts and distinguish right from wrong, matter of justice. For illegal or improper administrative acts, the revocation of the revocation, the change of the change, the violation of the law, ordered to perform their duties, and effectively improve the credibility of administrative reconsideration. We should pay attention to the use of reconciliation and mediation to promote mutual understanding and accommodation between the parties, reach an agreement, and realize "closing the case".
(two) actively do a good job in administrative litigation. After the administrative act of an administrative organ is prosecuted, it shall submit the basis, evidence and other relevant materials of the specific administrative act to the court in accordance with the provisions, and assign legal institutions or staff members who participate in the investigation and decision of the sued administrative act to appear in court. Encourage the person in charge of the administrative organ to appear in court, and the person in charge of the administrative organ must appear in court in major administrative litigation cases.
(3) Improve the administrative mediation mechanism. The government at or above the county level shall establish an administrative mediation system with the overall responsibility of the government, the lead of the government legal institutions and the participation of major functional departments, and further strengthen the administrative mediation work. Departments with administrative mediation functions shall improve the administrative mediation system according to law and standardize the mediation procedures. Timely start the legislative work of administrative mediation in our province. Establish a large mediation linkage mechanism linking administrative mediation with people's mediation and judicial mediation, realize effective interaction of all kinds of mediation, and form a joint force of mediation work.
Eight, strengthen the organization and leadership, to ensure that the tasks of promoting administration according to law are implemented.
(1) Improve the leadership mechanism. All levels and departments should put administration according to law in an important position, and make overall arrangements and promote it together with economic construction and social management. All departments at all levels should set up a leading group to promote administration according to law with the main responsible comrades as the leader, and strengthen coordination and leadership over the promotion of administration according to law in their respective regions and departments. City, county (city, district) government executive meeting at least twice a year to listen to the report on the work of administration according to law, timely solve the outstanding problems in promoting administration according to law in the region, and study specific measures to accelerate the construction of a government ruled by law.
(2) Carefully organize and implement. Departments at all levels should make a comprehensive summary and careful analysis of the promotion of administration according to law in their own regions and departments in accordance with the "Opinions of the State Council on Strengthening the Construction of a Government under the Rule of Law" and the requirements of this opinion, identify the weak links, seize the outstanding problems, scientifically formulate the work plan for promoting administration according to law in the coming period, clarify the work tasks, specific measures, time limit for completion and responsible units, make clear the key points every year, formulate the annual work plan, and earnestly and solidly promote administration according to law.
(3) Strengthen supervision and inspection. Governments at all levels should strengthen supervision, guidance, supervision and inspection of subordinate departments, subordinate governments and superior government departments, and commend and reward units and individuals with outstanding achievements; It is the people who know and criticize who are not good at work. Strictly implement the system of administrative reporting according to law. The government at or above the county level shall report to the Party committee, the Standing Committee of the National People's Congress and the government at the next higher level every year, and the government departments shall report to the relevant departments of the government at the same level and the government at the next higher level every year. We should continue to carry out in-depth demonstration activities of administration according to law, sum up the promotion experience in time, and give full play to the typical demonstration and leading role.
(4) Strengthen the assessment. Conscientiously implement the "Hebei Province Administrative Assessment Method", the municipal and county (city, district) governments should pay close attention to the formulation and improvement of the local administrative assessment system according to law, and conduct an assessment of their subordinate departments and the government at the next level at the end of each year at 201/kloc-0, and inform the society of the assessment results. The evaluation index of administration according to law is included in the performance evaluation system of government target assessment at all levels, and the evaluation results are an important part of the comprehensive evaluation of government leading bodies and leading cadres. According to the results of the annual assessment, the units and individuals that have made outstanding achievements in promoting administration according to law and building a government ruled by law shall be commended and rewarded, and those who are ineffective shall be informed criticism. The provincial government selects a number of city and county (city, district) governments with excellent assessment results every year, and awards them "advanced units for building a government under the rule of law"; A number of departments and units were selected and awarded "advanced units of administration according to law".
(five) to strengthen the government's legal institutions and team building. City, county (city, district) should further strengthen the construction of legal institutions, so that the specifications and preparation of legal institutions can adapt to their duties and tasks. The county (city, district) government can be set up separately within the limits of government agencies, or it can hang the sign of legal office in the county (city, district) government office, and be equipped with necessary staff. Township and sub-district offices should have special personnel responsible for legal work. It is necessary to strengthen the training, education, use and communication of government legal cadres, and attach importance to promoting legal cadres with high political quality, good legal literacy and strong working ability. Government legal institutions and their staff should fully understand the important responsibilities they shoulder and the new requirements put forward by the new situation and new tasks for the government's legal work, earnestly enhance their sense of responsibility and mission, strengthen their own construction, improve their political quality, professional quality and work ability, and give full play to their comprehensive coordination, supervision and guidance role in promoting administration according to law.
(six) to create a good atmosphere of the rule of law. It is necessary to make full use of various news media, take various forms, carry out in-depth publicity and education on the rule of law, carefully organize legal popularization activities, carry forward the socialist spirit of the rule of law, and enhance citizens' awareness of exercising their rights, fulfilling their obligations and safeguarding their legitimate rights and interests according to law. At the same time, widely publicize the specific measures, main achievements and experiences of administrative organs at all levels to promote administration according to law, and create a good social atmosphere to promote administration according to law.