1. The basic meaning of a government ruled by law
The connotation of the government ruled by law is that the power of the government comes from the law, and the law stipulates the operation and behavior of the government. Mainly includes the following meanings:
The first is "legal organization". Law is the foundation of the existence of a government ruled by law, and the establishment of administrative institutions according to law is an important prerequisite for a government ruled by law. The establishment and staffing of government agencies must be carried out in accordance with the law, and the government shall not establish them without authorization.
The second is "legal authority", that is, government power should be obtained according to law. Law is the source of all government powers, and all powers must be granted by law or authorized by power organs, and the government must have a clear legal basis for exercising any power. Any power beyond the law is unfair and unreasonable.
The third is "legal procedures", that is, all kinds of government procedures must be determined according to law. The acquisition and application of government power is legal in essence, and the exercise of government power and the implementation of government actions must conform to legal procedures, which requires legal procedures. Government actions must follow the requirements of legal procedures such as methods, steps, sequence and time limit, so as to achieve information disclosure and sunshine administration, and protect citizens, legal persons and other organizations' right to know, participate, express and supervise.
The fourth is "legal behavior", that is, government behavior should be carried out according to law. Law is the fundamental criterion and action guide of all government actions, which requires the government and its staff to make decisions according to law, perform their duties according to law, strictly enforce the law, act in strict accordance with the rights and responsibilities determined by laws and legal procedures, and consciously use the rule of law thinking and legal means to solve contradictions and problems in economic and social development.
The fifth is "legal responsibility", that is, the government assumes responsibility according to law. The unity of power and responsibility is the inherent requirement of a government ruled by law. This requires the government to be responsible for the law and bear all kinds of legal responsibilities caused by its own actions. Improper exercise of power, abuse of power, inaction, lack of due diligence and dereliction of duty should bear corresponding legal responsibilities. The right must be responsible, the use of the right must be conscientious, the use of the right should be supervised, the supervision should be comprehensive, the violations should be corrected, and the personnel should be held accountable. Only in this way can the supervision and responsibility guarantee mechanism of the government ruled by law be formed.
Based on the above connotation, the definition standard of socialist government ruled by law is: laws reflect the will of all the people and are formulated by representative organs representing the interests of all the people; All the powers of the government are endowed by law, and all actions are restricted by law; The government strictly and faithfully abides by and implements the law, which is a tool for the people to exercise and realize their democratic rights; Government acts are supervised by the people and must bear corresponding legal responsibilities.
2. The basic characteristics of a government ruled by law
Limited government. It means that the power of the government comes from the entrustment of the people, and the government can only act within the scope of its functions and powers stipulated by law. Law is the spatial scope of government power, and limited government power is the foundation and key of a government ruled by law.
A responsible government. The law not only entrusts administrative organs with functions and powers, but also entrusts them with obligations and responsibilities. Responsible government is the administrative power that the government has in the process of assuming various responsibilities and the legal operation state of fulfilling corresponding obligations. It is based on the social management responsibility that a certain post should bear.
An honest government. The basic requirements of the government's honesty are: fulfilling the contract in good faith, enforcing the law in good faith, abiding by the law in good faith, keeping promises to the people, accepting the supervision of the people, and earnestly assuming responsibilities to the people.
Transparent government. Generally speaking, it refers to the openness of government affairs, government information, government information, administration and transparent administration. All activities related to state management are open to the public except those prohibited by law.
Effective government. A government ruled by law should be the unity of efficiency, effectiveness and correct direction. Efficiency is the life of administration, which requires the government to be not only fair, but also efficient. "High efficiency" is an inevitable requirement of the government ruled by law, and it is also an important standard to measure the political civilization of the government ruled by law.
The relationship between the government ruled by law and the service-oriented government. In fact, no matter service-oriented government, limited government, responsible government, honest government, transparent government and efficient government, they all define the connotation of government ruled by law from different aspects and angles. The government ruled by law itself has political qualities such as finiteness, service, transparency, responsibility, honesty and efficiency. In short, the government ruled by law is a limited government from the source of power; From the perspective of functional orientation, it is a service-oriented government; In the process of operation, it is reflected in a transparent government; In terms of operational results, it is a responsible government; From the spiritual basis of the government and its attitude towards the people, it is a clean government; Judging from the final operating efficiency and effect, the government ruled by law is an effective government.
From the essential connotation and basic characteristics of the above-mentioned government under the rule of law, we can see that the government under the rule of law is a government governed and operated according to law, a limited government, a responsible government, an honest government, a transparent government and an efficient government. This essential connotation and basic characteristics distinguish the government ruled by law from the government ruled by man, in which individual power is supreme and government behavior is dominated by individual will and not bound by law.
Actively, steadily and step by step promote the construction of a government ruled by law.
1. Enhance the concept of the rule of law
Legal belief comes from respect for the law. A good concept of rule of law is helpful to the construction of a government ruled by law. We should vigorously carry out legal publicity and education, strengthen the concept of rule of law, strengthen the awareness of rights, strengthen the self-discipline of legal awareness of the whole people, internalize the legal spirit, and cultivate the concept of legal belief of the whole people. The formation of a society ruled by law should be judged by whether the public has established a belief in the law.
2. Promote the reform of administrative management system.
As far as government reform and rule of law construction in China are concerned,
To build a government ruled by law, we must transform government functions, reform administrative management system and strengthen supervision over administrative power. It is necessary to change government functions, scientifically define government functions, and standardize government functions according to law; Establish and improve a scientific and democratic administrative decision-making mechanism, reasonably define the decision-making scope of governments at all levels and functional departments, and ensure the independence of policy research institutions within the system; Establish and improve the system to reflect social conditions and public opinion, establish and improve the accountability system for decision-making, implement the principle of openness in government affairs, and improve the expert argumentation system for administrative decision-making.
Reform management methods. Reduce administrative licensing matters, standardize administrative licensing behaviors, and reform administrative licensing methods. Give full play to the role of administrative planning, administrative guidance and administrative contracts; Reduce management costs, innovate management methods, and facilitate the masses.
3. Adhere to the people-oriented principle and improve administrative legislation.
Administrative legislation is the activity of administrative organs to formulate administrative regulations and rules according to law, which should be based on the Constitution. Administrative legislation should change from "management law" based on government power to "rights law" based on civil rights. This is the basic project of implementing administration according to law and building a government ruled by law in China.
Improve the administrative legislative system. People-oriented, take the interests of the overwhelming majority of the people as the fundamental starting point and foothold of legislation, adhere to the mass line, fully carry forward democracy, and resolutely abandon sectarianism, local protectionism and the phenomenon of expanding power through legislation. People should be allowed to fully and effectively express their will and desire through various forms and channels, formulate an administrative procedure law, and standardize the working procedures of administrative organs.
Gradually establish and improve the legislative model of public participation. When considering the draft legislation, it is necessary to stipulate that "listening to opinions" is a necessary procedure, listen carefully to the opinions of relevant personnel and truthfully record the opinions of the participants in the hearing. It is necessary to make public citizens' participation in the legislative process, including the adoption of citizens' opinions, the basis and reasons for adoption, etc.
4. Strengthen the administrative law enforcement system
It is necessary to improve the quality of law enforcement personnel, rationalize the administrative law enforcement system, further clarify departmental powers and responsibilities, law enforcement basis and law enforcement authority, strictly enforce law enforcement procedures, and refine law enforcement standards. Law enforcement issues involving several departments should establish a coordination and communication mechanism between departments.
5. Improve the administrative supervision mechanism.
The administrative supervision mechanism is an indispensable part of perfecting the government ruled by law. It is necessary to strengthen the internal supervision mechanism, innovate the new hierarchical supervision mechanism, and strengthen the supervision of higher administrative organs over lower administrative organs. First of all, we should improve the administrative reconsideration system. The second is to improve the filing and review system of regulations and normative documents. The third is to improve and strictly implement the administrative compensation system. The fourth is to strengthen the supervision of supervisory organs and give play to the role of special supervision such as supervision and auditing.
6. Actively establish and improve the evaluation system of the government ruled by law.
The purpose of constructing the evaluation system of the government ruled by law is to transfer the government evaluation from the main evaluation index of economic development to the main evaluation of performing legal functions, strictly enforcing the law and building a government ruled by law. In addition to government functional departments, the personnel involved in the assessment should also include external citizens, experts and scholars. The evaluation is aimed at government behavior, and the content should cover the legitimacy of the whole government activities. Macroscopically, it should include political democracy, social stability, economic development, people's life and other aspects, take social fairness and justice as the main value orientation, and embody the measurement of government staff's specific work in microcosmic.
7. Strengthening accountability
Establish accountability standards for political responsibility through laws and regulations and law enforcement practice. Government officials at the same level should be held accountable for the losses caused by mistakes in decision-making and dereliction of duty, dereliction of duty and abuse of power. Establish and standardize the forms and procedures of political responsibility accountability by reforming and improving the system of inquiry, deliberation, recall, recall and dismissal of the National People's Congress. Strictly implement the administrative supervision law, the civil service law, the regulations on the punishment of civil servants in administrative organs and the Interim Provisions on the Accountability of Leading Cadres of the Party and Government, and insist on correcting mistakes and asking questions if there are responsibilities. If a region or a department has a major accident, incident or serious administrative violation case due to orders, prohibitions, administrative inaction, dereliction of duty and illegal administration, it is necessary to seriously investigate the responsibility of the relevant leaders to the chief executive according to law and discipline, and urge and restrain the government and its staff to exercise their powers and strictly perform their duties according to law. There are several key problems to be solved in the legislation of administrative accountability when formulating the Measures for Accountability of Civil Servants in Administrative Organs: First, the relationship between administrative accountability and administrative disciplinary action should be clarified. On the basis of the existing Regulations on Punishment of Civil Servants in Administrative Organs, the connotation and extension of administrative accountability are clarified. The second is to clarify the accountability and punishment power of the chief executive. The third is to formulate an open, transparent, scientific and rigorous accountability procedure and comprehensively broaden the accountability field.