How to strengthen the capacity building of civil servants
Establish a competitive incentive mechanism, adhere to openness, equality, competition and merit. Government agencies at all levels employ people facing the society, open examinations, strict assessment and merit-based admission. The qualifications of the required personnel and the methods and procedures of employment are announced to the public through the news media. All citizens of the country, as long as they meet the prescribed qualifications, have equal rights and equal opportunities to participate in the competition, and will not be privileged or discriminated against because of family background, gender, occupation and property status. The promotion of civil servants should adhere to the standard of having both ability and political integrity, pay attention to work performance, and be promoted on the basis of merit through strict examinations and limited competition. Establish a scientific management system, clarify responsibilities, implement strict assessment, and implement a work responsibility system. Administrative organs at all levels should take the "three-set" plan determined in the institutional reform as the basis, classify and determine the responsibilities, tasks and qualifications of each post according to the nature of the work, the degree of difficulty and the size of responsibilities, and standardize the post setting. On this basis, the staff of each post are strictly assessed, and the assessment results are used as the basis for staff rewards and punishments, job promotion and capital increase promotion, so that the merits and demerits are clear and the civil servants are encouraged to work hard. Establish metabolic mechanism, realize energy in and out, and connect up and down. On the one hand, we should recruit high-quality talents through public examinations and exchanges; On the other hand, while perfecting the retirement system, we should take various measures to smooth the "export"; When civil servants are unwilling to work in government offices, they can resign according to legal requirements and procedures; On the basis of assessment, government agencies can dismiss those who are not suitable to continue working in the agency according to the prescribed conditions; The appointment system is implemented in some positions, and civil servants whose employment period expires can leave; In addition, the maximum age of posts at all levels will be gradually restricted, so that the age of civil servants will form a reasonable gradient structure and enhance the vitality and vitality of the organs. Establish a restraint mechanism for clean government to ensure the integrity of civil servants. The civil service system regards clean government as an important criterion of civil servants' behavior, which runs through all aspects of civil servants' rights and obligations management, recruitment, assessment and promotion, and has also established a special system to prevent and restrict it. Establish strict discipline, and offenders will be prosecuted; The withdrawal system shall be implemented, and certain restrictions shall be imposed on the positions and work of civil servants with certain relatives to prevent the phenomenon of abusing power for personal gain. In addition, civil servants in some special positions are rotated regularly to reduce the influence of interpersonal relationships and ensure that civil servants can handle affairs fairly according to law. Establish a systematic legal system and implement management according to law. Civil servant management has not only established a general law-the National Civil Servant Law (considering that there is a process of legislation, the Provisional Regulations on National Civil Servants were promulgated and submitted to the legislature for legislation after several years of implementation), but also established various individual laws and regulations related to the general law, such as recruitment, job classification, assessment, training, job promotion and demotion, wages and benefits, retirement, etc., so that all aspects of personnel management have laws to follow and require strict compliance with the law. When the legitimate rights of civil servants are violated, they can appeal and accuse according to law; All laws and regulations on the management of civil servants are open to the public and subject to supervision from all walks of life. At present, due to complicated historical and practical reasons, there are still some problems among civil servants in our country, such as disobeying the law, lax enforcement and not investigating the law. First, the concept of legal system is weak. In some localities and departments, civil servants have insufficient understanding of the importance of the rule of law, their concept of the rule of law is not firm enough, their people-oriented consciousness and service consciousness are not strong enough, and their consciousness of administration and handling affairs according to law is not high enough. The goal of building a government ruled by law is still stuck in documents and slogans. Some civil servants are still accustomed to using administrative means and planned economy management methods to promote their work, but are not good at guiding and standardizing it by means of law and market economy; Some civil servants are taken out of context in the specific implementation of laws and regulations, which is beneficial to themselves but useless; Others often show the words and deeds of "I am the law" and "I have the final say". Second, the ability of administration according to law needs to be improved. The legal knowledge level of leading civil servants in some localities and departments can not meet the needs of governing the country according to law and building a government ruled by law, and the measures to deal with some major law-related issues are still very weak. Some law enforcement officers are not even familiar with the laws and regulations directly related to the execution of official duties, and are often asked by law enforcement counterparts who are familiar with the legal provisions. The reform of the government management system and the transformation of its functions have been going on for many years, but the functions of government departments are "misplaced, offside and absent" and overlap, and the chaotic situation of law enforcement subjects has not been fundamentally solved. The phenomenon of multiple law enforcement, repeated charges and power struggle still exists. The phenomenon that some departments only pay attention to entities and not to procedures in administrative law enforcement is still outstanding, and the level of handling affairs according to law is not high and the efficiency of performing official duties is low. Third, the problem of illegal governance still exists. For the purpose of protecting the interests of small groups and local interests, some localities and departments have gone beyond the legislative authority to set up their own homes in normative documents, illegally set administrative penalties, arbitrarily determine charging items, and forcibly charge law enforcement counterparts. Some give unrealistic law enforcement tasks to law enforcement departments, resulting in arbitrary charges, fines and apportionment. Some law enforcement officers abuse their powers, simply and rudely enforce the law, and the phenomenon of "eating and getting cards" is serious. Some even bend the law, engage in power and money transactions, and finally embark on the road of crime. Analysis of the causes of the problems in the legal quality of civil servants There are subjective and objective reasons for the problems in the legal quality of civil servants, which can be summarized as follows: (1) The existence of the remnants of feudal tradition is the ideological root of the low legal quality of civil servants. China experienced several thousand years of feudal autocracy, and the feudal culture had a far-reaching influence. From the founding of the People's Republic of China to the reform and opening up, the country basically adopted the method of formulating policies to govern, lacking the fine tradition of advocating the rule of law. If we count from the reform and opening up in 1978, the construction of modern rule of law has only been more than 20 years. Influenced by the remnants of feudal ideology and the long-term planned economic system, some law enforcement officers, especially civil servants who hold certain positions, still have ideas that are contrary to the modern rule of law, such as the concept of privilege, the concept that power is greater than law, and the concept of governing the people. Some refuse to give up their power and vested interests, and are unwilling to change departmental functions and implement decentralization. Some use words instead of laws, use power to suppress laws, and even interfere with law enforcement agencies in handling cases. (B) The lack of in-depth and systematic legal knowledge learning is the direct cause of the low legal quality of civil servants. The legal publicity and education lacks depth, and the binding force of legal study is not strong. Some civil servants, especially those who hold certain leadership positions, do not study law regularly and institutionally, and their consciousness is not high; Some emphasize the study of economic theory and ignore the supplement of legal knowledge; Paying more attention to the improvement of cultural quality than the cultivation of legal quality, the research and thinking on law is obviously insufficient, which affects the improvement of the ability to handle affairs according to law, and the legal quality is difficult to meet the requirements of building a government ruled by law. (3) The weak supervision of law enforcement is the institutional factor of the low legal quality of civil servants. At present, the administrative power is still relatively broad, and the phenomenon of black-box operation and irregular operation of administrative power in some fields is still serious. In this way, some civil servants are often unaware of the existence of the law when exercising their power. The system construction of power restriction is not perfect, and the internal and external supervision mechanism of administrative organs is not perfect. Insufficient supervision and disposal of illegal acts. Propaganda and public opinion work are often done more, and demotion, dismissal, recall and even criminal responsibility are less. The supervision and punishment of law enforcement violations are soft and light, which makes some civil servants relax the improvement of legal quality, resulting in law enforcement confusion and corruption in some fields. Some countermeasures to improve the legal quality of civil servants. Civil servants are the ultimate practitioners of administration according to law, and their legal quality directly affects the legal construction of the government and the development of social civilization. Improving the legal quality of civil servants is the responsibility entrusted by the times, which is directly related to whether civil servants can fulfill their duties, perform their duties honestly, govern according to law and serve the people, and to the prestige of the party and the government. To improve the legal quality of civil servants, we should make great efforts in the following aspects: (1) Strengthen ideological education and improve the level of understanding. Improving the importance of the rule of law is the basis of improving the legal quality of civil servants. How to improve? First of all, the leading organs should pay attention to it. It is necessary to put improving the legal quality of civil servants and enhancing their ability to govern according to law on the important agenda, seriously study and deploy the construction of democracy and legal system, listen to reports and make demands in time, earnestly strengthen leadership, and seriously solve the problems existing in the construction of the rule of law. Secondly, departments should coordinate and link. Organizations, personnel, law popularization and other departments should conscientiously implement the central regulations and provisions on strengthening the education and training of cadres and civil servants, carry out in-depth education on the concept of socialist rule of law, and do a good job in legal training for civil servants at all levels. Third, leading cadres should take the lead in establishing the concept of the rule of law. The legal quality and ability of leading cadres to use the law have a demonstration and guiding role for civil servants. Among the obligations that civil servants should perform as stipulated in Article 22 of the Civil Service Law, the first requirement is "exemplary compliance with the Constitution and laws", which shows the importance of improving legal quality. (2) Strengthen legal study and enrich legal knowledge. Knowing the law is the premise of correctly implementing laws and regulations. To improve the legal quality of civil servants, we must strengthen legal study and publicity and accurately grasp the legal spirit. The first is to highlight the learning content. State civil servants at all levels should seriously study the Constitution and the basic laws of the state, learn the laws and regulations of the state on developing the market economy, learn the laws and regulations that regulate and serve the market operation and social development, master the effective legal provisions for handling economic, social and cultural affairs, especially the professional laws and regulations closely related to the execution of official duties, accurately grasp the legal requirements, and clarify the procedures and methods of law enforcement. With the acceleration of reform, opening up and economic globalization, we should also strengthen the study of international common rules and enhance our ability to act in accordance with international rules. The second is to increase publicity. Conscientiously sum up the experience of popularizing the law in the Fourth Five-Year Plan and actively and effectively implement it. Focusing on improving the legal quality of leading cadres and civil servants at all levels, we will explore the formation of a legal publicity network coordinated by state organs at all levels, relevant functional departments and news media organizations, pay attention to giving full play to the rapid, vivid and intuitive advantages of mass media such as television, radio, newspapers and the Internet, and integrate legal publicity into news events, real life and cultural programs to improve publicity coverage and attractiveness. The third is to improve the legal learning system. Explore the implementation of the civil service qualification legal knowledge examination system. At the same time, it is necessary to incorporate the knowledge of administration according to law into the important content of civil servant recruitment examination, qualification examination, initial training, on-the-job training and knowledge updating training, and formulate specific measures and methods to promote the regularization and institutionalization of legal learning. (3) Transforming government functions and standardizing law enforcement. In a country ruled by law, the damage of legal order is the damage of social order. To improve the legal quality of national civil servants, we must standardize their law enforcement behavior according to law. First of all, we should speed up the transformation of government functions and realize administration according to law as soon as possible. We will continue to separate government from enterprise, separate government from business, and separate government from market intermediary organizations. All matters that citizens, legal persons and other organizations can solve independently in accordance with relevant laws and regulations, all matters that can be regulated by the market competition mechanism, and all matters that can be solved by industry organizations or intermediaries through self-discipline should not be solved by administrative management. Strengthen and improve macro-control, reduce and standardize administrative examination and approval, effectively transfer government functions to economic regulation, market supervision, social management and public services, and form an institutional mechanism conducive to promoting comprehensive, coordinated and sustainable development. Secondly, we should standardize administrative law enforcement. Straighten out the administrative law enforcement system to ensure that administrative organs at all levels and their staff exercise their functions and powers and perform their duties in strict accordance with legal authority and procedures. They can neither neglect their duties nor act arbitrarily. Accelerate the establishment of an administrative law enforcement system with clear rights and responsibilities, standardized behavior, effective supervision and strong guarantee, and solve the problems of multiple law enforcement, repeated law enforcement and cross-enforcement from the source. Third, we should improve the efficiency of law enforcement. Law enforcement efficiency is the ultimate embodiment of civil servants' legal quality. Adhere to the principle of people-oriented and simple and efficient according to law, establish and improve the administrative law enforcement responsibility system, clarify law enforcement personnel and their law enforcement responsibilities, strictly standardize law enforcement procedures, standardize and legalize institutional functions, staffing and working procedures, improve administrative management and law enforcement efficiency, reduce administrative costs, and build a government that enforces law for the people. (4) Improve the supervision mechanism and strengthen the power restriction. Power is a double-edged sword, which can be an effective tool to safeguard public interests and a means to infringe on citizens' rights. In order to improve the legal quality of civil servants, we must strengthen the supervision and restriction of power. First, strengthen the construction of administrative legal system. The operation of power must have a legal basis, and administrative power should be regulated and bound by laws and regulations, and the corresponding obligations and responsibilities should be stipulated to truly "govern officials" and "govern power" according to law. The second is to strengthen the restriction and supervision of the operation of power. Strengthen the supervision of decision-making and implementation, establish and improve the cadre performance appraisal system that reflects the requirements of Scientific Outlook on Development and the correct concept of political achievements, improve the supervision mechanisms of the people's congress, the Chinese People's Political Consultative Conference, discipline inspection, supervision, auditing, justice, the masses and the news media, improve the system of openness, publicity and hearing of major decisions closely related to the interests of the masses, make full use of supervision resources, improve the supervision and restriction mechanism, and promote decision-making, management and handling according to law to ensure the correct power. The third is strict accountability. Mistakes and misjudged cases in administrative law enforcement, no matter who is involved, should be investigated for responsibility according to law. Civil servants who violate the criminal law should be resolutely investigated for criminal responsibility and play a deterrent role of "killing one as an example". As long as various measures are taken at the same time to ensure the implementation of all measures, the legal quality of civil servants can be effectively improved and a conscientious, honest and clean civil servant team can be established. With the improvement of the national mechanism, the capacity building of civil servants will be delegated to various institutions in the form of laws and regulations. First, strengthening the study and education of civil servants in various forms and further improving their political discernment are the fundamental manifestations of civil servants' party spirit. As the saying goes, not only must we "win the battle", but more importantly, we must "not deteriorate." Improving the political discernment of civil servants, making all civil servants loyal to the great cause of the party and the country, serving the party and the country wholeheartedly and serving the people are the most important tasks to improve the administrative ability of civil servants. On the one hand, we should strengthen the ideological and political education of civil servants, strengthen the party spirit education of civil servants, and constantly strengthen the ideological concept of civil servants serving the people. Do a good job in the political and ideological work of civil servants, effectively improve the level of civil servants' study of the party's basic theory, line, program and experience, and consciously practice the "Theory of Three Represents" theory; It is necessary to do a good job in ideological and political education of civil servants, so that civil servants have the corresponding political theoretical basis, the ability to observe, think and deal with problems politically, the ability to see the essence through phenomena, the ability to distinguish right from wrong, and the political acumen and insight. On the other hand, it is necessary to strengthen the situational education of civil servants. Through flexible and diverse organizational forms such as study exchanges, visits and overseas training, we will make full use of electronic media such as books, movies, television and the Internet to strengthen civil servants' rational and perceptual understanding of the situation and development, so that civil servants can constantly improve their ability to correctly grasp the development requirements of the times and scientifically judge the situation, and constantly enhance their understanding of the superiority of the socialist system. Second, we should strengthen the study and mastery of scientific laws and strive to improve the ability of civil servants in scientific administration. First of all, we should vigorously improve the consciousness and initiative of civil servants in learning and mastering scientific laws. Civil servants must further realize that only by improving their study and understanding of scientific laws such as administrative management, economic management and social management. In the process of performing social management functions according to law, whether civil servants can consciously act in accordance with scientific laws will not lead to the phenomenon of "slapping their heads and making decisions" that violates scientific laws. Secondly, we should constantly strengthen and improve the system construction. The relatively perfect system construction has the function of "safety valve", which ensures the scientific administration of civil servants and reduces arbitrariness. For example, in the process of decision-making, we should strive to establish and improve the system of consultation, demonstration, consultation, hearing, deliberation and collective discussion in the process of decision-making, which is the fundamental requirement to ensure scientific and effective decision-making. At the same time, it is necessary to establish a decision-making supervision and restriction system, a decision-making responsibility system, and a decision-making effect evaluation system. , so as to strengthen the supervision and supervision of decision-making and prevent the same decision-making mistakes from happening many times. Third, we should strengthen the innovative ability of civil servants and their ability to deal with public emergencies. Innovation is an inexhaustible motive force for the development and progress of a nation. There is no contradiction between enhancing the innovative ability of civil servants and ensuring the purity of civil servants' party spirit. Through proper training and study, civil servants should emancipate their minds, broaden their horizons, be sensitive to new things, be good at discovering and cultivating new things, be good at analyzing new situations, put forward new ideas, solve new problems, work creatively in combination with reality, master innovative methods and skills, and constantly cultivate innovative ways of thinking. At the same time, it is necessary to strengthen the training of civil servants' ability to deal with public emergencies. While paying special attention to persuasion and communication, we should also be prepared. Through simulation and drills, civil servants should know something about public emergencies, and be clear about the procedures, methods, steps and effective measures to deal with public emergencies. Third, strengthen the concept of civil servants serving the people, and constantly improve the ability of democratic administration and administration according to law. Serving the people is the ultimate goal of improving the administrative ability of civil servants, and it is also the fundamental starting point of civil servants' democratic administration and administration according to law. On the one hand, it is necessary to strengthen civil servants' democratic consciousness and effectively improve their democratic administrative ability. It is necessary to urge civil servants to firmly establish the consciousness of governing for the people, proceed from the fundamental interests of the people, adhere to the people-oriented, focus on the interests of the masses, give full play to the role of the people, and make politics for the people, discuss politics for the people, and be pragmatic and benefit the people. At the same time, it is necessary to fully expand citizen participation, strengthen public supervision, promote the openness of government affairs, safeguard people's right to know, participate and supervise, and fundamentally ensure the democratic administration of civil servants. On the other hand, it is necessary to constantly enhance the legal awareness of civil servants and improve their ability to administer according to law. Administration according to law is the basic requirement of a socialist country ruled by law. Civil servants should strengthen their study and understanding of national laws and regulations, enhance their legal concepts, improve their legal level, and constantly improve their understanding of administration according to law in terms of ideology and understanding; At the same time, we should vigorously strengthen the government's legislative work, improve and perfect various legal systems, so that there are laws to follow. It is necessary to further improve the administrative law enforcement system of strict law enforcement, civilized law enforcement and fair law enforcement, and the law enforcement responsibility system with clear rights and responsibilities, standardized behavior, effective supervision and strong guarantee, and improve the restriction and supervision mechanism of administrative power, so as to ensure that the power must be responsible, the right to use is supervised, the infringement must be compensated, and the offenders must be prosecuted, so as to create a good environment for civil servants to administer according to law.