行政执法
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凝聚奋进力量 彰显法治担当
Xin Lang Cai Jing· 2025-12-28 22:35
Core Viewpoint - The judicial bureau of Qiannan Prefecture has made significant progress in legal governance and public legal services during the "14th Five-Year Plan" period, emphasizing the integration of law into economic and social development, and achieving recognition as a national model for legal governance [11][12][13]. Group 1: Legal Governance Achievements - Qiannan Prefecture has established itself as a national model for legal governance, being the only ethnic autonomous prefecture to receive this honor among 30 such regions in China [13]. - The prefecture has implemented various legal governance measures, including the "Six Musts and Six Prohibitions" to standardize administrative behavior, leading to improved public safety and satisfaction ratings [13][14]. - The judicial bureau has conducted 39 legal workshops and trained over 9,000 officials, enhancing their ability to apply legal thinking in governance [12]. Group 2: Administrative Legislation and Regulation - The prefecture has developed a comprehensive legislative framework, completing 4 legislative projects and revising 4 regulations focused on key areas such as environmental protection and social governance [15][16]. - A total of 443 administrative normative documents were issued, with a 100% compliance rate for legality reviews and filings [16]. - The establishment of a robust administrative decision-making process has led to a 100% public participation rate in major decisions, enhancing transparency and accountability [16]. Group 3: Administrative Law Enforcement - The integration of administrative law enforcement teams has improved efficiency, with the establishment of 3 state-level and 94 county-level teams [18]. - The prefecture has implemented a comprehensive administrative enforcement supervision system, ensuring compliance and addressing issues such as arbitrary fines and inspections [19]. - Training programs for law enforcement personnel have been enhanced, leading to improved professional standards and public trust in law enforcement [19]. Group 4: Criminal Justice and Community Corrections - The prefecture has maintained a high standard in drug rehabilitation facilities, achieving a "six no" target for 23 consecutive years [21]. - Community correction measures have been effectively implemented, with a recidivism rate below the provincial average for two consecutive years [22]. - The prefecture has established 1,751 mediation organizations, achieving a 95.5% success rate in dispute resolution [22]. Group 5: Public Legal Services - Qiannan has established 13 public legal service centers and 1,477 legal service workstations, significantly improving access to legal resources for the public [23]. - The legal aid center has been recognized nationally, handling over 2,000 legal aid cases and expanding services to vulnerable populations [24]. - Innovative public legal education initiatives have been launched, including online platforms and community outreach programs, enhancing legal awareness among citizens [25]. Group 6: International Legal Cooperation - The establishment of two arbitration institutions has positioned Qiannan as a key player in regional legal services, facilitating international commercial dispute resolution [26][27]. - The prefecture has engaged in legal exchanges and collaborations with other regions, enhancing its legal governance reputation and sharing best practices [27][28]. - Efforts to integrate legal services with economic development initiatives have been made, supporting local businesses in navigating legal challenges [27].
“以罚代管”实属懒政思维(金台锐评)
Ren Min Ri Bao· 2025-10-22 22:02
"以罚代管"把手段当成了目的,实质上是一种懒政思维。其不仅让考核导向出现偏差,而且在表面所 谓"处理"的背后,放任了问题的持续发生。监管中,行政处罚固然是重要手段之一,但执法机关还要依 法综合运用说服教育、劝导示范、指导约谈等方式,才能做到既不缺位,也不越位。 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,设置"群接龙打卡+月末通报"的考核要求…… 在这起司法部近日发布的规范涉企行政执法专项行动典型案例中,河南某县政府行政执法监督局发现, 当地消防领域行政处罚案件出现"整齐化"的反常情况,及时出手纠正以罚款为目的的执法导向,杜绝以 罚代管、执法不规范不严谨等问题。 设定罚没指标"以罚代管",严重背离行政执法初衷。之所以要设定与实施行政处罚,是为了预防、纠正 和惩戒违反行政管理秩序的行为,维护公共利益和社会秩序,保护公民、法人或者其他组织的合法权 益。 "罚"一旦变成了指标,就可能成为一些执法部门"以罚代管",甚至"只罚不管"的动力来源。对此,《国 务院关于进一步贯彻实施〈中华人民共和国行政处罚法〉的通知》明确要求,"严禁下达罚没指标"。行 政机 ...