County People's Government Legal Affairs Office 2019 Work Summary and 2019 Work Plan
County People's Government Legal Affairs Office XX Year Work Summary and XX Annual Work Plan Report Municipal Government Legal Affairs Office:
In XX, under the leadership of the county party committee and the government, under the guidance of Deng Xiaoping Theory and the important thinking of the "Three Represents", I thoroughly implemented the spirit of the 16th National Congress of the Communist Party of China, closely focused on the overall thinking of the legal system, and grasped the comprehensive promotion of the law. The main line of administrative work, actively promote the government's administration according to law, and the government's legal work has presented a brand new work situation. The summary of the work situation in the past year is as follows:
I. Do a good job in the implementation of the State Council's "Promoting the Implementation of the Outline of the Administration in a Comprehensive Way" and the implementation of the administrative law enforcement responsibility system. Standardizing the administrative law enforcement behavior Since the promulgation and implementation of the State Council's "Promoting the Implementation of the Administration in Accordance with the Law", I have implemented the requirements according to the spirit of the relevant archives. , carefully organized learning and training. Since the beginning of this year, in order to further implement the "Outline" and the requirements of the implementation of the administrative law enforcement responsibility system in the provinces and municipalities, I organized the judicial, monitoring and propaganda and other members of the legal administrative leadership group to conduct a more in-depth study of the "Outline". Propaganda, and earnestly carry out the implementation of the "Outline" to grasp the results.
On the first anniversary of the implementation of the "Outline", the Office of the Ministry of Justice and the Ministry of Justice and Publicity will set up the "Outline" publicity point in the Central Street for publicity, and at the same time, more than 1,000 publicity materials will be printed, five propaganda banners will be hoisted, and the legal broadcasting announcement will be launched. The content, through multi-faceted and multi-channel publicity, has enabled the public to further understand the concept of administration according to law, and has further understanding of building a government under the rule of law, a responsible government, and a government of integrity, and has created a good paradox for further implementation of the "Outline". Atmosphere.
In accordance with the spirit of the Municipal Government Office's "Notice on Printing and Distributing the Work Plan for Implementing the Administrative Law Enforcement Responsibility System" and the county's comprehensive promotion of the arrangements for the implementation of the legal administrative leadership group, we will act quickly and actively in the implementation of the administrative law enforcement responsibility system. It is the organization that has studied the archives spirit of the implementation of the administrative law enforcement responsibility system in the provinces and municipalities, and accurately grasped the relevant content. In addition, we organized the supervision, judicial and other members of the legal administrative leadership team to rush to the cities of **, **, etc. The implementation of the administrative law enforcement responsibility system in the urban area was investigated and learned. Some advanced concepts, mature practices and work processes were learned, and valuable experience was gained for the implementation of the administrative law enforcement responsibility system in our county. Second, in accordance with the provisions of the "three clean-up" of administrative law enforcement, that is, the main body of administrative law enforcement, the basis and the clean-up of law enforcement matters, so far, the main body of administrative law enforcement has been cleared up, including the main body of statutory law enforcement, the main body of authorized law enforcement, Entrusted law enforcement entities; administrative law enforcement basis, including legal, regulatory, and regulatory items; administrative law enforcement and enforcement items, including administrative licensing items, administrative penalties, and administrative determination items. These clean-up results will be reported to the county government for public release after further clean-up.
In order to further standardize administrative law enforcement behaviors and respond to the hot issues of the people's people, in accordance with the county's comprehensive promotion of the arrangement of the legal administrative leadership group, I will organize the county supervision, publicity and NPC legal work committees, and the county public security traffic police and transportation bureau. The administrative law enforcement actions of law enforcement agencies such as the Road Transportation Management Office conducted an on-site surprise inspection. Through inspections, the law enforcement problems such as the discovery of law enforcement certificates, undocumented law enforcement, and illegal roads were found to be corrected on the spot, and it was required to pay attention to the legality of the entity. At the same time, we must also pay attention to the program is not illegal, in order to ensure that the law enforcement behavior is legal and effective. By carrying out administrative law enforcement inspection activities, the administrative law enforcement agencies are restrained from arbitrary law enforcement and disorderly law enforcement, which reduces the occurrence of law enforcement and disturbance of the people. At the same time, this is also an effective way of hierarchical supervision, which is to prevent and reduce administrative disputes fundamentally. It has played a very good role.
Second, further standardize the handling procedures of administrative ruling cases to improve the quality and efficiency of the handling of cases. In recent years, with the economic and social development of our county, especially the development of resources such as oil, natural gas and coal involves the acquisition and occupation of land, the past The value of wasteland and wasteland is now increasing sharply and driven by interests. The land ownership disputes involving this aspect have arisen. Due to historical reasons, these cases have the characteristics of difficulty in investigation and evidence collection, and human evidence is more than physical evidence. Therefore, the case is very qualitative. Difficulties, the case is relatively complicated, and there is no uniform rule of handling cases. Some cases have serious cases of accumulating cases and accumulating cases, which has led to delays in some cases and even wrong cases, which not only reduced the prestige of the government, but also damaged the people’s interest. In order to change this disorder and chaos, the county government decided to be responsible for drafting the relevant system to regulate the handling procedures of the case. On April 1, XX, the "Rules of the County Administrative Adjudication Cases" was officially announced and implemented. Through more than two years of practice, the procedures for handling administrative ruling cases in our county have been clearly regulated, especially from the past no-term provisions to the current changes that are basically closed according to deadlines, and have been generally satisfied and endorsed by the people. In XX, I handled a total of 6 cases for examination and approval, 12 cases were completed, and 5 hearings were organized. In the process of handling these cases, I strictly followed the "Rules of the County Administrative Arbitration Cases", and the administrative ruling cases of the county government were reviewed from the case to the case, and the duties were clearly checked, and the specific division of responsibilities was clearly defined. From filing to closing, the specific reviewers are identified to ensure that the government's rulings are legal and effective, and that the government's failure rate in administrative rulings is minimized.
Third, conscientiously fulfill the normative file formulation and filing regulations to ensure legality and feasibility. The normative archives are in accordance with the provisions of national laws, administrative regulations or provincial local regulations, government regulations, and higher-level government normative files. The general term for the files, regulations, implementation rules, notices, decisions, orders, and notices with normative content that are generally applicable to the administrative work within the county. The purpose of establishing a normative archive is to standardize administrative management, adjust the relationship of rights and obligations, and grant or limit administrative power. Therefore, the formulation of normative files should strictly abide by relevant regulations and must be carried out in accordance with legal procedures. Reporting and filing of normative files is the supervision and management of the formulation of normative files. It is an important way to maintain the unity of the legal system, promote administration according to law and ensure the smooth flow of government orders. According to the regulations, when the government formulates or reports to the government to formulate normative files, it should be reviewed by the government legal institution. After the normative files are formulated, the government legal institutions should file their records with the higher-level administrative organs. In XX, I handled 6 government regulatory files in accordance with the regulations, including one government regulatory file drafted by me, and all of them have been reported for filing. In the process of reviewing normative files, the following aspects were reviewed:
The first is to examine whether it complies with the provisions of laws, regulations and rules, and the connection with other normative files;
The second is to examine whether it is inconsistent with the rules of the World Trade Organization; that is, to examine whether there are regional blockades restricting foreign investment rules and rules for protecting the interests of the department, so as to ensure that Hengshan has a good legal environment and a fair and orderly investment environment. .
The third is to examine whether the environment and conditions for implementation are available;
Fourth, the review is in line with the technical requirements for the text of the normative archives;
The fifth is to examine whether the opinions of relevant organs, organizations and citizens on the main issues raised by the contents of the normative archives are correctly handled.
Through careful review by me, we will correct and point out the problems found in the review in a timely manner to ensure that the normative files issued by the government are legal and effective. In particular, the Implementation Opinions on the Development and Utilization of Oil and Gas Resources in Hengshan County, which was drafted by our office, played a very important role in regulating the development order of resources such as oil and gas in our county, and changed the past random development, management irregularities and resources. The state of serious tax and tax loss has been well received by all parties.
IV. Seriously handling the administrative reconsideration case to protect the legitimate rights and interests of the parties and supervising the administrative organs to exercise their functions and powers. Administrative reconsideration is an important way for the administrative organs to carry out hierarchical supervision. The specific handling of administrative reconsideration is an important responsibility assigned to the government legal institutions by the administrative reconsideration law. . In XX, I handled a total of 6 applications for administrative reconsideration and filed 6 cases. Six of them have been closed, of which 5 have been maintained and one has been terminated. In the process of handling administrative reconsideration, the first is to strictly abide by the legal procedures and principles. By reviewing the application for administrative reconsideration of the parties, the scope of the case and the statutory conditions stipulated by law will never be delayed, and the patient who is not subject to the scope of the case and the statutory conditions will explain to the applicant and indicate the way and procedure for requesting relief. For the administrative reconsideration case that decides to open the case, the case undertaker shall be appointed, and the administrative legal documents shall be served in strict accordance with the time limit stipulated by law, and their duties shall be clearly defined to ensure the unity of power and responsibility. For cases with complicated cases, it is difficult to find out the facts in a written review manner, and it is not easy to finalize the case. Instead, it carefully investigates and collects evidence from relevant organizations and informed personnel, and consults the archives. The evidence collected will be falsified and verified, and the verification will be basically guaranteed. The reconsideration opinions submitted to the reconsideration agency are reasonable, legal, objective and fair. The second is to uphold the principle of correctness and correctness, and give full play to the authoritative role of administrative reconsideration. To verify the specific administrative actions that are illegal or improper, I can overcome difficulties from various aspects, endeavor to uphold the dignity of the law, uphold justice, and propose rebuttals of revocation or change to safeguard the legitimate rights and interests of the parties and establish reconsideration supervision. The authority of the role. For specific administrative actions that are lawful and appropriate, timely submit maintenance opinions, prevent abuse of reconsideration rights, ensure that administrative organs exercise their powers according to law, and establish the law enforcement authority of administrative law enforcement agencies.
V. Strengthening self-construction and striving to improve the legal quality and work level of the staff With the acceleration of the administrative process according to law and the implementation of the State Council's "Promoting the Implementation of the Administration in Accordance with the Law", the duties assigned to me have increased significantly, and the tasks of the work have become increasingly heavy. In the past year, we have actively sought support from all sides and further strengthened our own construction. First, we have strengthened infrastructure construction. Through multi-party efforts and leadership support, we have equipped a business vehicle for our office and added some cases. Equipment, office and working conditions have been improved. The second is to focus on the training of the staff's theory and business knowledge. Due to the changes and revisions of national laws and regulations, some legal knowledge has changed accordingly. Therefore, the legal knowledge of our staff needs to be constantly updated and enriched. On the one hand, we advocate the staff to pay attention to newly enacted and newly revised laws and regulations. I also purchased books on relevant laws and regulations. On the other hand, with the support of the leaders of the county government, I have overcome the financial difficulties. I have sent two staff members to participate in the theoretical training courses organized by the provincial government legal office. The latest legal theory knowledge, exchanged work experience in practice, opened up the vision of the staff, and improved the staff's business level and work ability.
Looking back on the work in the past year, we have achieved some achievements, but there is still a big gap between the requirements of the county government and the higher-level business departments. There are also many problems and difficulties in the work, such as the State Council’s "Implementation of the Implementation of the Administration in Accordance with the Law" The implementation of the prescribed scope of my duties is not good enough, the implementation of the administrative law enforcement responsibility system is obviously lagging behind, and the review of the county government administrative ruling cases is not strict enough. The existence of these problems and difficulties has affected the overall situation of the government's legal work to a certain extent. To this end, in the new year, we are determined to carry forward our achievements, overcome difficulties, improve deficiencies, shorten the gap, and strive to become a senior staff, competent assistant and qualified legal adviser for the county government in accordance with the law, for the construction of a government under the rule of law, a government of integrity, Responsible government and efficient government work hard.
Sixth, XX annual work plan
In XX, I must focus on the work of the county party committee and the government, actively play a functional role, and highlight the following aspects:
Further standardize the procedures for handling the administrative ruling cases of the county government, and formulate and improve relevant supporting systems.
Accelerate the pace of implementing the administrative law enforcement responsibility system, and study and formulate various supporting systems and measures.
Taking the opportunity of renewing the administrative law enforcement qualification certificate of the county administrative law enforcement personnel
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