Keywords: market economy; Construction of administrative legal system; question
Governing the country according to law is the basic policy and strategy that China adheres to, and the construction of administrative legal system is also an indispensable part of the construction of socialist legal system in China. Whether the administrative legal system is sound or not is closely related to the development of China's socialist market economy. Carrying out the construction of administrative legal system is conducive to the improvement of China's legal system and the further development of market economy.
First, the necessity of administrative legal system construction under the condition of market economy
(A) the construction of administrative legal system is a necessary condition for the development of market economy.
Although China's socialist market economy has made some achievements, it is still in the primary stage, and there are still some problems in the development process. These problems cannot be solved overnight. It is necessary not only to formulate corresponding economic development plans, but also to strengthen the construction of administrative legal system and macro-control the development of market economy to ensure that economic development does not deviate from the established track. In this respect, the construction of administrative legal system is a necessary condition for the development of market economy.
(B) The development of the market economy has promoted the continuous improvement of the administrative legal system.
The continuous development of market economy highlights various problems, and the solution of these problems can not be achieved only by the "development plan" of market economy itself. Once the market environment can't solve the problems in economic development, in order to ensure the stable and healthy development of the economy, the relevant government departments will adopt relevant policies to regulate economic development, which can solve the problems in economic development on the one hand; On the other hand, we can also find the shortcomings of administrative construction and gradually improve the relevant contents of administrative legal system construction.
Second, the problems existing in the construction of administrative legal system under the conditions of market economy
(A) the relevant legislative mechanism is not perfect
The development of market economy cannot be separated from the perfection of legal system. China's economic development has experienced a rapid development stage, but the relevant administrative legal system construction has not been fully completed. The lack of legislative mechanism is the main problem facing the current legal system construction. The basis of governing the country according to law is not the reference of right and wrong, but the "rules and regulations" above everything, which are sacred and inviolable. However, at present, China's legislative mechanism is still developing, and some laws and regulations on economic development are not perfect, and there are still some loopholes. For example, the law on procurement law is not very detailed, and it needs to be constantly improved to continuously adapt to the development needs of the market economy.
(B) the lack of relevant supervision mechanisms
In the development of market economy, the regulation and supervision of government departments mainly include direct and indirect forms. Direct supervision is to supervise the market economy layer by layer through administrative regulations, while indirect supervision refers to a measure to regulate the market economy itself through policy supervision. At present, the administrative supervision system of government departments in China is not particularly perfect, and some government economic-related information is not particularly transparent, and the people's supervision is not good.
(C) weak legal awareness of citizens
The construction of administrative legal system involves many subjects. The weak legal awareness of China citizens is also an important issue in the construction of administrative legal system. The weakness of citizens' legal consciousness is first manifested in the process of market economy transactions. Many citizens do not know how to use legal weapons to protect their rights when they encounter infringement incidents. On the one hand, it is directly related to citizens' ignorance of the law, on the other hand, it is also the failure of legal education in China. The construction of legal system only stays at the system level, and it has not been implemented. Citizens don't know much about the construction of administrative legal system. Often law enforcers can't cooperate well with the implementation of law enforcement, and even hinder the implementation of law enforcement because they don't understand the law. Therefore, citizens' weak legal consciousness is also one of the main problems facing the current administrative legal system construction.
The overall quality of law enforcement personnel is low.
The comprehensive quality of law enforcement personnel is low, which includes not only the understanding of laws and regulations, but also their own professional ethics and social literacy. Laws and regulations are constantly improved and revised. However, at this stage, many law enforcement officers lack the spirit of keeping pace with the times, fail to update outdated knowledge in time, and still carry out law enforcement work according to the old code of conduct. Some administrative law enforcement officers do not know the basic laws very well, but rely on their own work experience to carry out law enforcement work, which often leads to problems in their work, so there will be mistakes or even mistakes in law enforcement. These are all manifestations of the low comprehensive quality of law enforcement personnel.
Three, how to improve the administrative legal system construction under the condition of market economy.
(A) improve the relevant legislation
Imperfect legislation is not only unfavorable to the development of market economy, but also unfavorable to the improvement of administrative law enforcement level. Therefore, perfecting the relevant legislative mechanism is the basis of ensuring the development of market economy and the construction of administrative law enforcement. To improve the relevant legislation, we must first make it clear that law, as the foundation of governing the country, is not simply the basis for evaluating things right or wrong, but an existence above everything, which has a powerful restrictive effect on the existence and development of anything. As an administrative law enforcement officer, we should know the law, understand the provisions of laws and regulations, and know how to solve related problems with the law to ensure the fairness of administrative law enforcement.
(2) Improve the supervision system and strengthen supervision.
Strengthening the supervision of government departments is mainly to supplement and improve the loopholes and defects in the process of law enforcement, rather than blindly increasing efforts, otherwise it will only be counterproductive. To improve the supervision system, the first thing to do is to increase the transparency of government-related work, that is, to make government affairs public, so that all sectors of society can participate in real-time supervision, which not only supervises the fairness of government law enforcement, but also strengthens the legal awareness of participants, and recognizes the importance of administrative law enforcement construction, especially under the condition of market economy, any economic development depends on the restriction of legal system construction, so it is also very important to make government affairs transparent and open; Secondly, strengthening supervision is mainly to improve the supervision modes of the people's congress and the masses. Compared with mass supervision, the supervision of the National People's Congress is stronger, involving all aspects of law enforcement supervision and economic supervision. Therefore, it is necessary to intensify efforts to make detailed discussions and regulations on the form and content of supervision by the National People's Congress, so as to further refine the supervision work and make it evidence-based, so as to avoid chaotic supervision and promote the construction of administrative legal system under the market economy. End printing
(three) to carry out publicity to improve legal awareness.
The foundation of legal system construction is inseparable from legal education and legal publicity. With the economic development of China, the economic development of many remote and backward areas has gradually followed suit, and the socialist market economic system is constantly improving. In order to promote the further development of economy and the perfection of legal system construction, legal publicity is an indispensable and important step. Carry out legal publicity and publicize the importance of law to the broad masses of the people. While letting people know how to use legal weapons to safeguard their legitimate rights and interests, they also realize that as human beings, they also have the right to supervise social law enforcement. Once they find any form of illegal phenomenon, they are obliged to report to the relevant departments. More importantly, it can promote the pace of China's administrative law enforcement, make a certain contribution to building China into a socialist country ruled by law, and provide a good social environment for the development of China's market economy to a certain extent.
(four) improve the comprehensive quality of law enforcement personnel.
Improving the comprehensive quality of administrative personnel is also a comprehensive work. First, in the selection of administrative law enforcement personnel, try to choose talents with law or related majors to ensure the professionalism of their work, or select people with law enforcement experience; Secondly, it is necessary to conduct regular training and re-education for staff, so that they can keep abreast of the development of the economic situation and the update of law enforcement norms, ensure that their economic and legal knowledge is updated in time and applied to their daily work in time, ensure that the daily administrative law enforcement work is carried out fairly and justly, and make contributions to the development of the market economy.
Four. conclusion
The healthy and stable development of market economy is inseparable from a good legal environment, so the construction of administrative legal system is urgent. Although China's economic development tends to be stable and the economic system construction is gradually improved, there are still some loopholes in the relevant legal system construction. Many factors, such as imperfect legislation, insufficient supervision of law enforcement, relative lack of public legal awareness, and low quality of law enforcement personnel, are all important problems that hinder the construction of administrative legal system. Therefore, we must deal with these problems in time to ensure the smooth progress of China's administrative legal system construction. The stable and healthy development of China's socialist market economy is our main task at present. I hope the suggestions put forward in this paper can play a positive role.
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