Secondly, the ability and level of civil servants' administration according to law can not meet the needs of market economy. Administrative management under the traditional planned economy system is to formulate and implement plans, and administrative orders are the only way of administrative activities. The market economy is a free economy, which has the ability of self-adjustment, that is, there is an "invisible hand" operating. In this way, the role of civil servants in management has changed from the direct organizer and commander of economic activities in the past to the indirect supervisor and supervisor, that is to say, civil servants have changed from the organizer and planner of market order to the maintainer of market order and the executor of market rules.
To this end, this requires civil servants to learn to use legal means to carry out administrative management, that is, to be familiar with various legal rules related to their majors, to learn to correctly use legal norms in complex environments, to perform administrative functions and exercise administrative power according to law.
However, a considerable number of our civil servants are still accustomed to the working methods during the planned economy period. For example, law enforcement should set tasks, fines should set targets, law enforcement should move, laws should be replaced by policies, and documents should be used as management basis. All these show that the ability and level of civil servants' administration according to law cannot meet the needs of market economy, which weakens the authority of legal rules and affects the image of the government. Bacon famously said, "Ten sins are worse than one sin for bending the law. Because crime pollutes the water flow, and perverting the law pollutes the water source. " It can be seen that the level of administrative law enforcement depends on the quality of civil servants.
Therefore, at this stage, it is an urgent need to improve civil servants' administrative ability according to law and build a government ruled by law, an objective need to build a clean, pragmatic and efficient government, and a basic requirement for national civil servants to fulfill their obligations.
Second, what are the misunderstandings of civil servants' legal responsibility consciousness?
(1) The law governs the people.
This erroneous idea represents the state of mind of some civil servants. They believe that the law is the law governing the people, and emphasize the sense of legal responsibility in order to better govern the people. This kind of thinking is extremely wrong and must be corrected. First of all, the public power of civil servants ultimately comes from the people. People do not expect unilateral governance, but hope that civil servants, as the main body of government administration, can implement the spirit of the rule of law and better serve the people. At the same time, the law is not only binding on ordinary people, but also on civil servants, so civil servants can't simply treat the law as aimed at ordinary people.
Law is superior to human rights.
In the process of law enforcement, some civil servants do not pay attention to the basic human rights of law enforcement targets. They believe that law and human rights can't coexist, and law enforcement should be impartial and not pay attention to human feelings. The reason for this misunderstanding is that law and human rights are regarded as two opposite levels, and the fundamental purpose of law is to protect human rights. In fact, law and human rights are mutually reinforcing. Laws safeguard the development of basic human rights, which in turn promotes the progress of social legal system. Second, because human rights and human feelings are confused, I think that in the process of law enforcement, respecting human rights means attaching importance to human feelings, which is against legal responsibility.
(C) law enforcement regardless of the way
This view holds that as long as someone is found to be breaking the law, it is necessary to resolutely crack down and actively "fight" and never be soft. One of the reasons for this misunderstanding lies in putting oneself and the people in opposite positions, shaping themselves into selfless law enforcers and treating the people as opposing classes; The second reason is that the most effective means of law enforcement is to crack down resolutely, while ignoring that education should be the main way to treat people, supplemented by law. The ultimate goal of law enforcement is not to make people afraid of the law, but to educate and enlighten them so as to better abide by and protect the law.
Laws are used to stop people from criticizing.
According to this view, maintaining harmony means eliminating people's different voices and not allowing people to have any objections. For example, some people misunderstand the work of government agencies, which may lead to similar petitions and complaints. Some civil servants regard these people as troublemakers who endanger the normal social order and often obstruct people's demands in the name of performing public power. The reasons for this misunderstanding are: first, these civil servants are influenced by traditional bureaucratic ideas and are self-righteous; Second, the ruling style of these civil servants is still stagnant and has not improved with the actual needs of the times.
(five) the law is to make power inaction.
These civil servants understand the supervision function of law on power, but they have gone to the other extreme, thinking that the best way to keep themselves from breaking the law and discipline is to do nothing or do less, make more mistakes and fewer mistakes, do nothing, make no mistakes, seek no merit, but seek nothing. This phenomenon of administrative inaction may often be seen in the work of organs. Some people are content with the status quo, don't think, and don't make progress. The reason for this mistake is that we have a wrong understanding of the sense of responsibility, dare not take responsibility, and think that doing nothing is obeying the law. In fact, negative omission has deviated from the sense of responsibility required by law, and sometimes even a greater liability accident has occurred.
Due to the deviation of civil servants' legal responsibility consciousness in the above aspects, to some extent, it hinders the correct exercise of civil servants' public power, affects the prestige of the government, reduces the ability of the government, and causes people to question civil servants' public power.
At present, it is necessary to update and change civil servants' legal responsibility consciousness, further strengthen civil servants' understanding of legal responsibility and strengthen the study of relevant laws and regulations. Further strengthen the construction of civil servants' law enforcement ability, and put an end to the bureaucratic thoughts and styles of civil servants. Continue to strengthen the education of civil servants' sense of responsibility, correct the wrong concept of law enforcement in time in their daily work, and establish a correct sense of legal responsibility.
Third, what is the significance of cultivating civil servants' awareness of legal responsibility?
Modern civilized society is a society ruled by law, which requires all aspects of social life to follow rules and abide by the legal system. The essence of civil servants' awareness of the rule of law lies in guiding and controlling the standardization of individual behavior with ideological awareness of rules, and consciously restraining their subjective awareness to ensure the legitimacy of individual behavior process and the rationality of behavior results.
The consciousness of civil servants' legal responsibility is to change the situation that laws are abolished, replaced by words and disobeyed, and to prevent the phenomenon of lax enforcement, abuse of power and impunity; We should respect the legal authority, consciously abide by the law, take "there are laws to follow, law enforcement must be strict, and violators must be prosecuted" as a guide to action, and earnestly implement administration according to law.
China's local administration has a strong color of "rule by man", and the concept of "man is greater than law and power is greater than law" still exists according to the will of leaders; Taking the law as a child's play, it is impossible, illegal and lax to trample on the law from time to time; Legal consciousness is weak, and the habit of arbitrary administration still exists.
These administrative actions that flout the rule of law greatly hinder the improvement of administrative efficiency, destroy the image of the government, harm the interests of citizens, and disturb the normal order and principle of justice of administrative activities.
The essence of civil servants' legal responsibility consciousness is to guide their daily administrative behavior with the spirit of rule of law; Rooting the concept of rule of law in the heart, making law the authority above all else, making the guiding ideology of administrative behavior legalized, and making the operation of administrative behavior legalized; Let the spirit of justice, justice, freedom and equality embodied in the law prevail and become the leading value principle of administrative activities.
Constitution and laws have supreme status and authority in politics, economy, culture and other fields of modern society, and all state organs, groups, organizations and individuals must strictly obey and abide by them.
If civil servants do not have the supreme authority consciousness of the Constitution and laws, they may ignore or even break through the provisions of the Constitution and laws in administrative activities, and may violate the basic objectives of public administration, lose the support of the people, and eventually lose the legitimacy foundation of the government.
Only by establishing a correct sense of legal responsibility can civil servants strictly demand themselves with standardized standards, take managing and using power well for the party and the people as their sacred duty, handle the relationship between using power and obeying the law, and exercise power within the scope permitted by law and discipline, instead of replacing the law with power and resisting the law with power; Only in this way can we correctly handle the relationship between power and responsibility, organically combine power and responsibility, and prevent and overcome feudal consciousness such as abusing power for personal gain, getting justice by one person, raising a dog to heaven, and promoting to wealth, so as to correctly use the power in our hands, effectively perform our duties, properly handle the relationship between power and authority, and win the trust of the masses with our exemplary law-abiding behavior, instead of oppressing people, infringing on citizens' rights and harming citizens' interests with power; Only in this way can we correctly handle the relationship between public rights and private interests, make public rights open, not selfish, not greedy for petty advantages, and be kind to family, children, fellow villagers, colleagues, comrades-in-arms and friends. Treat everyone equally, act according to the rules, and do not bend the law.