Report on the setting of the legal system of the county government

Municipal Government Legal Office:

In accordance with the spirit of the Notice of the Legal Affairs Office of the People's Government of Jilin Province on the Establishment of the Legal System of the County Government and the Relevant Work Survey, combined with the actual work of the county, the relevant situation is briefly reported as follows:

I. The establishment of the county government legal institution

The county people's government has set up a government legal institution named Fucheng County Government Legal Office. At present, the Legislative Affairs Office is included in the county government office, and is held by the government's executive deputy magistrate. The deputy director of the government office is in charge. The legal office has 2 staff members, 1 deputy director and 1 staff member.

Second, the county legal system personnel

The county government legal office has 2 existing staff members, 1 deputy director and 1 staff member. All of them are undergraduate degrees and have not yet obtained the qualification of lawyers.

Third, the county legal system regulatory file filing review and administrative reconsideration work

1. In 2004, the County Government Legal Affairs Office reviewed 4 filed normative files and corrected 1 case.

2. In 2004, the County Government Legal Affairs Office received 13 applications for reconsideration, accepted 11 administrative reconsideration cases, and completed 11 cases.

Third, the county court handles the case of administrative litigation

In 2004, the county court handled 26 administrative litigation cases and completed 26 cases.

4. Problems, opinions and suggestions on the legal work of the county government

Problem

First, the contradiction between the increase in the number of reconsideration cases and the construction of the team of administrative reconsideration personnel is more prominent. With the increase of the legal awareness of administrative counterparts, the number of administrative reconsideration cases in our county is increasing year by year, and cases involving land, forestry, water conservancy, animal husbandry, and public security have risen the fastest. However, the number of personnel, business quality, and knowledge structure of the administrative reconsideration team are relatively lagging, the number of personnel is small, the quality of business is low, and the knowledge structure is single. It is difficult for talents graduated from law to stay at the county level. This shortage of talent resources and the number of cases increase. The contradiction between them is increasingly prominent;

Second, the status of the administrative reconsideration agency is weak, its functions are soft, its treatment is low, and there are few strong supervisory methods to choose from;

Third, there are not many specific measures for administrative reconsideration. Some administrative agencies do not pay enough attention to them. Many problems are often not dealt with in a timely manner. Administrative efficiency needs to be further improved. The administrative reconsideration mechanism needs to be continuously improved during exploration.

Fourth, the relief channels for administrative reconsideration are still not smooth enough. The administrative counterparts do not know much about the Administrative Reconsideration Law and the administrative reconsideration relief channels. They still think that they are “officials and officials”. The number of administrative litigation cases in which the relatives choose to go to the court for judicial relief greatly exceeds the number of administrative reconsideration cases. The overall legal environment for administrative reconsideration has yet to be further improved, and the administrative reconsideration awareness of administrative agencies and administrative counterparts has to be continuously enhanced.

Suggestions

First, we must further increase the propaganda of the Administrative Reconsideration Law and the administrative reconsideration system. To change the focus of previous propaganda, it is suggested that there will be more publicity for the administrative agencies, less emphasis on the promotion of the public, and a change from the traditional and single to the diversified forms of propaganda; A shift in direction combined with case promotion; a shift from time-based propaganda to recurring propaganda.

The second is to further strengthen team building and improve the quality of reconsideration personnel. The level of staff of administrative reconsideration personnel directly affects the development of administrative reconsideration work, and directly affects the development of administrative reconsideration work in the future. It is necessary to improve the quality of administrative reconsideration personnel to meet the needs of the development of the new situation. Strengthen the training of administrative reconsideration personnel. Reconsideration personnel must master the line, principles, and policies of the party and the state, and must understand the administrative management of various government departments. They must learn the substantive law and master the program law. It is necessary to strengthen exchanges and address the different characteristics of administrative reconsideration cases in different periods. The provincial and municipal legal offices should hold more seminars on administrative reconsideration cases, conduct special discussions, and announce some typical cases and administrative reconsideration decisions, so that the reconsideration agencies of various localities can learn from the case when handling cases; The unified identification and management of the qualifications of the administrative reconsideration personnel shall be made to ensure the qualifications of the administrative reconsideration personnel, and to study and solve the problem of the post subsidy of the administrative reconsideration personnel.

The third is to reform the way in which the reconsideration case is heard. In the form of review, it is recommended to change the principle of written review to the principle of public review, and gradually implement the hearing system to increase the transparency of the handling of the reconsideration case, and to promote some reconsiderations that have great influence, wide coverage, and public concern. In this way, it will not only help close the relationship between the government and the people, but also establish a good image of the government, maintain the authority of the government, and the disclosure of the case review process can also guarantee the fairness of the reconsideration ruling and expand the influence of administrative reconsideration.

The fourth is to actively explore new initiatives and methods to innovate the administrative review model. It is recommended to establish a provincial-wide electronic information administrative reconsideration acceptance platform, provide more convenient and quick application channels for administrative counterparts, and realize the modern administrative reconsideration management mode of rapid application, transparent trial and public results through the establishment of electronic information administrative reconsideration acceptance platform. Effectively collect, accumulate, analyze, compare, summarize, reason and statistic the relevant data of administrative reconsideration, and realize the sharing of administrative reconsideration resources of provinces, municipalities and counties

The fifth is to increase the filing of the normative archives by the county-level government legal office. The provincial and municipal government legal offices shall convene a special working conference on the filing of normative archives in counties and districts, and strengthen this work function of the county-level government legal office.

Government legal office

July 2, 2005