Workflow
依法行政
icon
Search documents
市政府法律顾问工作会议召开 徐曙海出席并讲话
Zhen Jiang Ri Bao· 2025-11-22 00:00
Core Points - The city government held a meeting to summarize the work of legal advisors and appoint a new team of legal advisors, emphasizing the importance of legal counsel in promoting the rule of law and supporting economic and social development [1][2] Group 1 - The new legal advisors were selected through a rigorous process and are expected to contribute significantly to the government's legal decision-making and administration [1][2] - The meeting highlighted the role of legal advisors in providing legal support for economic policies, major contracts, and asset management, aligning with national policy directions [2] - Legal advisors are tasked with enhancing risk assessment for major decisions and projects, ensuring effective legal support during emergencies, and acting as guardians against legal risks [2] Group 2 - The city government aims to build a high-quality professional team of legal advisors who adhere to principles of independence, objectivity, and fairness [2] - There is a focus on improving the quality of legal services and enhancing the ability to address new challenges and conflicts [2] - The implementation of the legal advisor system is emphasized as a means to support the rule of law and regulate the exercise of administrative power [2][4]
贵州厅持续健全依法行政工作机制
《通知》明确,要建立多机构法治工作会商剖析机制。全省各级自然资源主管部门在办理跨部门、 跨行业、跨领域业务,包括审计、督察、耕地保护考核反馈重大问题整改时,有牵头机构组织本级各相 关业务机构、事业单位,共同会商该业务涉及的部门、行业、领域法律法规适用问题,按照上位法优于 下位法、特殊法优于一般法的原则,梳理新旧法衔接,正确引用法律法规依据破解业务难题和问题。建 立多机构案例剖析机制,各级自然资源主管部门法治工作领导机构通过组织案例剖析会,由主办机构梳 理被纠错、败诉理由,举一反三,找准问题症结,总结经验教训,属于制度漏洞的,及时建章立制,堵 塞漏洞;属于有法不依、执法不严的,通过深刻剖析吸取教训,避免今后再犯类似错误,实现剖析一个 案例,解决一类问题,纠错一人,提醒一群的良好效果。 《通知》强调,要加强全省自然资源系统法治人才队伍建设。构建"统一管理、按需调配、动态优 化"的人才工作体系,建立省、市、县三级法治人才库。人才库实行分类登记、动态管理,按专业领域 和业务特长进行标注,根据人员调动等情况及时更新。人才库的法治工作者承担本部门依法履职问题研 究、会审会商、案例剖析、法治培训等工作任务。厅法治办负责厅法 ...
靶向施治规范涉企行政执法
中央纪委国家监委网站 鲍爽 习近平总书记强调,营商环境是企业生存发展的土壤。二十届中央纪委四次全会要求,聚焦吃拿卡要、 冷硬横推、违规收费、趋利性执法等严重影响市场秩序问题,督促纠治整改,促进保持公平公正的市场 环境、风清气正的营商环境。严格规范涉企执法是提高依法行政水平、优化营商环境的重要一环。各地 纪检监察机关立足职能职责,把整治涉企行政执法领域突出问题作为护航优化营商环境的抓手,聚焦存 在的不正之风和腐败问题强化监督执纪问责,既严肃查处个案、形成震慑,又推动行业性、系统性治 理,促进整体提升。 行政执法领域突出问题涉及部门多、范围广,实践中,各地纪检监察机关注重压紧压实各方责任,促进 同向发力,推动多部门、跨层级统筹联动、合力攻坚。 山东省纪委监委机关与省司法厅等部门制定《关于建立纪检监察监督与法治督察、行政复议、行政执法 监督贯通协调机制的实施意见》,明确5个方面12项具体措施,强化信息互通、措施配合、线索移交、 成果共享。潍坊市纪委监委与市司法局定期会商,通报工作情况、研商阶段性重点难点工作,对司法行 政机关在涉企行政执法监督中发现的重点执法领域问题线索,共同会商研判,开展联合调研督导。今年 8月, ...
安徽六安局“以案促学”提升依法行政能力
Core Viewpoint - The Anhui Province Lu'an City Natural Resources and Planning Bureau is enhancing the legal literacy and government transparency capabilities of its staff through immersive legal education by attending a court hearing related to government information disclosure [1] Group 1: Legal Education Initiatives - The bureau organized staff to observe a court case involving a citizen's request for public disclosure of construction project planning, emphasizing the importance of legal compliance in administrative duties [1] - The court hearing allowed participants to witness the litigation process, including evidence presentation and legal debates, thereby gaining a practical understanding of administrative litigation procedures [1] Group 2: Responsibilities and Compliance - The bureau's head actively participated in the court proceedings, highlighting the necessity of fulfilling legal responsibilities regarding information disclosure and asserting that the bureau has complied with relevant laws [1] - The initiative aims to instill a legal mindset among staff, reinforcing the principle that "legal duties must be fulfilled, and actions without authorization are prohibited" [1] Group 3: Future Plans - The bureau plans to continue promoting legal governance through various methods such as court observation, case discussions, and specialized training to integrate legal awareness into all business processes [1]
下达罚没指标违法,执法绝不是“创收工具”
Nan Fang Du Shi Bao· 2025-10-13 21:46
10月13日,司法部曝光一起典型案例显示,2025年4月,河南某县政府行政执法监督局在监督指导综合 行政执法工作时,发现近半年全县23个街镇消防领域行政处罚案件呈"整齐化"特征,每月处罚案件数量 稳定在2-3件,罚款金额集中于2000-2500元区间。 执法数据如此"整齐划一",究竟藏着什么秘密?经查,该县消防救援大队通过微信工作群下达"月度指 标",要求各街镇必须完成"行政处罚不少于2件、罚款金额不少于2000元"的硬性任务,并设置"群接龙 打卡+月末通报"的考核要求…… 众所周知,行政执法的本质是维护公共利益、规范社会秩序,而非追逐经济利益。具体到消防执法,其 目的是排查隐患、预防火灾,保障人民生命财产安全。现实操作中,如果执法者将注意力从排查隐患转 向完成收入指标,其行为逻辑必然发生偏移,既可能为了完成任务而选择性执法、过度执法,也可能对 真正存在重大风险的地方视而不见。 此外还需拓宽监督渠道,强化社会监督与舆论监督。鼓励公众对不合理、不合规的执法行为进行举报, 畅通申诉渠道,让执法权在阳光下运行。对设定罚没指标、以执法名义搞创收的行为,不仅要及时纠 正,更应对相关责任人员和部门严肃追责惩戒,以形成有效 ...
规范涉企执法司法,给民营经济发展吃下"定心丸"
Ren Min Wang· 2025-09-18 00:53
Core Viewpoint - The private economy is a vital force in advancing Chinese-style modernization, and regulating enterprise-related law enforcement and judicial actions is crucial for protecting the rights of private enterprises and boosting market confidence [1][10]. Group 1: Regulatory Actions and Legal Cases - On September 17, the Supreme People's Court and the Ministry of Justice jointly released 10 typical cases aimed at standardizing enterprise-related law enforcement and judicial review, covering various administrative management areas such as administrative licensing and penalties [1][10]. - A case involving 103 companies in Jiangsu Province highlighted the importance of ensuring that administrative decisions do not violate procedural laws, leading to the annulment of a decision that revoked building qualifications due to "major procedural violations" [2][3]. - Another case from Heilongjiang Province addressed the issue of administrative bodies unlawfully adding conditions, emphasizing the principle that "no action without authorization" must be adhered to by administrative enforcement agencies [3][4]. Group 2: Principles of Fair Enforcement - The principle of proportionality in penalties was exemplified in a case involving a traditional Chinese medicine clinic, where the administrative review body reduced penalties based on the clinic's status as a first-time offender and its proactive rectification efforts [4][5]. - A construction company case in Sichuan Province illustrated the necessity of reasonable enforcement actions, where the administrative body was found to have overstepped by equating registration behavior with collusion in bidding, leading to the annulment of the penalty [5][6]. Group 3: Commitment to Promises and Compensation - A landmark case involving a real estate company in Henan Province established that administrative bodies must honor their commitments, resulting in a ruling that mandated the government to pay over 8.41 million yuan in compensation for unfulfilled promises [6][7]. - The case involving a public transport group in Jilin Province reinforced the requirement for administrative bodies to fulfill contractual obligations, with the court ordering the government to continue fulfilling its agreement or face compensation [8][9]. Group 4: Overall Impact and Future Directions - The series of cases collectively signal a strong commitment to supervising administrative bodies to ensure lawful conduct and adherence to promises, aiming to create a stable, fair, and transparent legal environment for private enterprises [10][11]. - The ongoing efforts by courts and administrative review bodies will focus on deepening the regulation of enterprise-related law enforcement and promoting substantive resolutions to administrative disputes, thereby supporting the healthy development of the private economy [10][11].
【省司法厅】陕西全面提升依法行政水平
Shan Xi Ri Bao· 2025-08-25 00:31
Group 1 - The core viewpoint emphasizes the continuous improvement of legal governance in Shaanxi Province, focusing on enhancing administrative efficiency and public satisfaction [2][5] - The provincial government has implemented a unified public inquiry platform for policy documents, which has significantly saved time for enterprises in understanding regulations [1] - Shaanxi has established a comprehensive legal review system for major administrative decisions, ensuring legal compliance across all levels of government [3] Group 2 - The provincial judicial department has conducted legality reviews on 279 government documents and 380 administrative normative documents, addressing public and enterprise concerns to optimize the business environment [2][3] - A significant number of legal advisors have participated in legal affairs, with 18,372 instances of involvement reported in the first half of the year [3] - The province has achieved a high compliance rate in administrative dispute resolution, with 91.53% of administrative review facilities meeting standardization requirements [3] Group 3 - Shaanxi has established a collaborative mechanism between government and judicial bodies to enhance the coordination of law enforcement and judicial processes [4] - The response rate for social governance-related judicial suggestions has reached 99.75%, indicating effective communication between various state organs [4] - Training and legal education initiatives have seen increased participation, with over 31,230 civil servants taking part in legal examinations, reflecting a rise in legal awareness [4]
“亮证姐”事件暴露了依法行政的欠缺
经济观察报· 2025-08-07 11:49
Core Viewpoint - The article emphasizes the need for continuous improvement in the construction of a rule-of-law government, highlighting both achievements and shortcomings revealed by incidents like the "Liangzheng Jie" case [1][5]. Group 1: Incident Overview - The "Liangzheng Jie" incident involved a traffic dispute that escalated due to the actions of the individual involved, leading to significant public outcry and scrutiny [2]. - The individual, Hou, was administratively detained for five days for violating the Public Security Administration Punishment Law, which was generally well-received by the public [2]. Group 2: Issues Identified - There were significant communication failures, as complaints made by the involved parties went unanswered, leading to the escalation of the situation [3][4]. - The initial handling of the incident by law enforcement was criticized for a lack of transparency and accountability, with public information being inadequately managed [4][5]. Group 3: Recommendations for Improvement - The article calls for a more proactive approach to public complaints and better responsiveness from authorities to prevent similar incidents from escalating [4]. - It stresses the importance of transparency in government operations, advocating for the principle of "publicity as the norm, non-publicity as the exception" in handling public events [4]. - The need to uphold the boundaries of public power and protect citizens' rights is highlighted, suggesting that administrative actions must be fair and legally compliant [5].
“亮证姐”事件暴露了依法行政的阙如
Jing Ji Guan Cha Bao· 2025-08-07 03:32
Core Viewpoint - The "Liangzheng Jie" incident highlights deficiencies in lawful administration and the need for transparency and accountability in public governance [1][3][4] Group 1: Incident Overview - The incident originated from a minor traffic dispute but escalated due to the involved party's attempt to showcase authority, leading to public outrage [1] - The involved party, Hou, was administratively detained for five days for violating the Public Security Administration Punishment Law [1] Group 2: Communication Failures - The involved party's complaints went unanswered, leading to the release of video evidence online [2] - There was a lack of effective communication from local authorities, with media inquiries often ignored [2] Group 3: Information Disclosure Issues - Initial reports from authorities contained errors, such as the omission of the involved party's name while disclosing the other party's full name [2][4] - The public release of vehicle license plate numbers without redaction raised concerns about privacy and potential misuse [4] Group 4: Governance and Legal Framework - The incident underscores the importance of adhering to legal standards in the exercise of public authority and the need for transparency in administrative actions [3][4] - The construction of a law-based government is crucial for modern governance, and ongoing efforts are needed to enhance accountability and protect citizens' rights [4]
全省法院去年新收行政案件同比下降6.17%
Da Zhong Ri Bao· 2025-08-01 01:19
Group 1 - The core viewpoint of the news is the release of the 2024 Shandong Court Administrative Trial White Paper, indicating a decrease in various administrative cases filed in the province [1] - In 2024, the total number of new administrative cases received by the courts is 52,881, representing a year-on-year decrease of 6.17% [1] - The new first-instance administrative litigation cases are 23,021, showing a decline of 9.30% compared to the previous year [1] - The second-instance administrative litigation cases increased to 9,716, reflecting a rise of 1.58% year-on-year [1] - The number of appeals for retrial cases decreased to 3,377, down by 8.92% [1] - Non-litigation execution review cases increased to 16,767, marking an increase of 11.33% [1] Group 2 - The data from 2022 to 2024 shows a continuous decline in first-instance administrative cases, with numbers of 26,400, 25,400, and 23,000 respectively [1] - This trend indicates improved awareness of lawful administration and effective resolution of administrative disputes [1] - The number of cases received by administrative review agencies has increased from 16,700 in 2022 to 45,600 in 2024, surpassing the first-instance administrative litigation cases [1] - This reflects the growing significance of administrative review as a primary channel for dispute resolution [1] Group 3 - The high attendance rate of administrative agency heads in court has been maintained, indicating increased attention from government and functional departments towards administrative litigation [2] - The practice of agency heads appearing in court has become normalized and institutionalized in Shandong province [2]