Implementation Plan for Building a Law-Based Government in the Handan Economic and Technological Development Zone (2021–2025)
2022-11-14 00:00
In order to deeply study and implement Xi Jinping's thought on the rule of law, comprehensively promote the construction of the rule of law government, accelerate the construction of a government governance system with clear responsibilities and administration in accordance with law, in accordance with the "Outline for the Implementation of the Construction of the Rule of Law Government (2021-2025)" (Zhongfa [2021] No. 33) (hereinafter referred to as the "Outline"), the "Implementation Program for the Construction of the Rule of Law Government in Hebei Province ( 2021-2025)" (Ji Chuan [2022] No. 2) and "Handan City, the implementation of the rule of law government construction program (2021-2025)" (Handan City Chuan [2022] No. 35), combined with the actual situation in our region, the development of the implementation of this program.
A sound system of government institutions and functions, according to law to perform government functions
(a) to promote the optimization of government institutions and functions synergistic and efficient. Adhere to the optimization of government organizational structure and promote the transformation of government functions, rationalize the relationship between departmental responsibilities. Promote the tilting of establishment resources to the grassroots level, and encourage and support the transfer of administrative and business establishments from the top to the bottom across the hierarchy. Comprehensively improving the lists of administrative powers and responsibilities of district administrative departments, and promoting the "two lists in one". Strict implementation of the market access negative list system, the implementation of the "non-prohibited is to enter".
(2) in-depth promotion of "discharge management service" reform. Levels and categories to promote the reform of the administrative approval system, focusing on key areas, regional precision decentralization, innovation, "according to the list of a la carte" decentralization mechanism, the promotion of "one thing at a time to do", to promote entrepreneurship and innovation approval services "100 things" reform, compressed approval time The reform of "one thing at a time" will be promoted, and the approval service for entrepreneurship and innovation will be "one thing at a time". Carry out administrative filing standardization and management reform, and compile a catalog of administrative filing matters. Implementing the notification and commitment system for administrative examination and approval. Strictly implement the provisions of consolidation and reduction of various qualification and licensing matters, lower the threshold of access, abolish all approvals that are not based on laws and regulations, and abolish all approvals that can be effectively regulated by the market. Continuously promote the "separation of licenses" reform, and implement categorized reform of enterprise-related business permits. Pilot the reform of "joint license and permit". Creating high-frequency "theme-based" office "packages". Improve the new regulatory mechanism based on "double random, one open" supervision and "Internet + supervision" as the basic means, supplemented by key supervision and based on credit supervision. Accelerate the construction of service-oriented government, active service for enterprises, sincere service, improve the effectiveness of government services. Accelerating the promotion of "cross-provincial common office" for government service matters, and basically realizing "cross-provincial common office" for high-frequency government service matters. Standardize and improve the window service functions of township comprehensive service centers and village (community) comprehensive service stations, and extend more approval services to the grassroots. Strengthen the traditional service mode and intelligent service mode organic combination, to protect the basic service needs of the elderly.
(C) continue to optimize the rule of law business environment. Strictly implement the "Regulations on Optimizing the Business Environment" (State Order No. 722), and timely summarize the replicable and scalable innovative practices and reform experiences in various fields, solidify them into a long-term institutional mechanism, and solidify and upgrade them in the form of rules and regulations in due course. Equal protection of property rights and the right to operate independently of enterprises of all ownership systems will be provided in accordance with the law, and all kinds of explicit and implicit barriers that exclude or restrict fair competition will be cleared up. It will deepen the special assessment of the business environment, conduct comprehensive evaluations and regular briefings, press for the rectification of problems, and build a cordial and clear government-business relationship. Fully implement the management system of pre-entry national treatment plus negative list for foreign investment, and promote systematic liberalization of rules, regulations, management and standards. It will strengthen communication between the government and enterprises, and listen to the opinions of enterprises and trade associations and chambers of commerce in the process of formulating and revising local laws, regulations and administrative normative documents. Improve the exit mechanism of market players and the property rights system. Strengthen anti-monopoly and anti-unfair competition law enforcement, and fully implement the fair competition review system.
Second, improve the system of administration in accordance with the law, and play a leading role in the rule of law
(d) Strengthen the supervision and management of the formulation of administrative normative documents. Strictly implement the "Hebei Province normative documents management approach" (provincial government order [2016] No. 5 published, [2020] No. 2 amended), strictly prohibit the issuance of documents, strict control of the number of documents issued, and strict procedures for the issuance of documents. Fully implement the mechanism for reviewing the legality of administrative normative documents, clarify the scope of review, and standardize the review criteria. Improve and perfect the coordination mechanism for the formulation of administrative normative documents, and prevent the policy effects from canceling each other out. Strictly implement the filing review system of administrative normative documents, improve and perfect the dynamic cleaning work mechanism of administrative normative documents, and improve the implementation of the regulations of the management committee and the post-assessment system of administrative normative documents. Strengthen the guidance and supervision of the development and management of administrative normative documents.
Third, improve the system of administrative decision-making system, continue to enhance the credibility and implementation
(E) to strengthen the awareness of decision-making in accordance with the law. Heads of administrative organs at all levels should strictly follow the legal authority and procedures for decision-making, and should listen to the legality of the review body before making major decisions, focusing on listening to legal advisers and other relevant experts to ensure that the content of the decision-making in accordance with laws and regulations. Whether to comply with the decision-making process system, to do according to the law as the departments, townships and townships party group (party committee) to carry out inspections and administrative organs to carry out the main person in charge of the assessment of the inspection, economic responsibility audit of the important content, to prevent personal arbitrariness, to engage in the "one-word hall".
(F) strict implementation of major administrative decision-making procedures. Strictly implement the "Handan City, major administrative decision-making procedures" (Municipal Government Decree No. 181), strict implementation of public participation, expert testimony, risk assessment, legality review and collective discussion and decision-making procedures. Implementation of the annual catalog public system for major decision-making matters. For important planning, major public policies and measures, and major public construction projects involving the immediate interests of the public, it is necessary to carry out in-depth risk assessment, increase public participation, and carefully listen to and reflect the opinions and suggestions of interest groups. Establish and improve the decision-making process records and materials archiving system.
(VII) to strengthen the implementation and evaluation of administrative decision-making. Improve the administrative decision-making implementation mechanism, decision-making organs should be clear in the decision-making process, implementation of the main body, implementation of the time limit, implementation of feedback. Establish and improve the major administrative decision-making tracking feedback mechanism. Promote the work of post-decision evaluation in accordance with the law, and take the results of post-decision evaluation as an important basis for adjusting major administrative decisions. Once a major administrative decision is made, it shall not be arbitrarily changed or stopped without legal procedures. Strict implementation of major administrative decision-making lifelong accountability and accountability mechanism.
Fourth, improve the administrative law enforcement system, promote strict standardization and fair and civilized law enforcement
(H) deepen the administrative law enforcement system reform. Continuously deepen the comprehensive administrative law enforcement system reform, the district level only set up an administrative law enforcement level, the grass-roots management of the urgent need and can effectively undertake administrative law enforcement matters decentralized to the grass-roots level in accordance with the law. Consolidating and expanding the results of the reform of the comprehensive law enforcement system in districts and townships, and ensuring that administrative matters are decentralized, received and managed properly. Establishing and improving the mechanism for the transfer and coordination of administrative law enforcement cases between townships and relevant departments at the upper level. Strengthen the organization, command, coordination and coordination of comprehensive law enforcement, joint law enforcement and collaborative law enforcement. Comprehensive implementation of administrative law enforcement and criminal justice convergence mechanism, deepen the "convergence of the two laws" information platform construction and application, and promote information sharing mechanism, case transfer standardization and procedural norms.
(ix) Increase law enforcement in key areas. Increase the food and drug, public health, natural resources, ecological environment, emergency management, labor security, urban law enforcement, transportation, financial services, education and other key areas of interest to the masses of law enforcement efforts, combing the outstanding problems strongly reflected by the masses, to carry out focused special rectification. Daily supervision and inspection will be strengthened for those with high potential risks that may cause serious adverse consequences. The system of punitive damages and huge fines for serious violations of the law will be strictly enforced, and the mechanism of lifetime ban will be implemented. Smooth channels for complaints and reports of violations, and reward and protect the meritorious persons who report serious violations and major risks and hidden dangers according to the law.
(J) improve administrative law enforcement procedures. Consolidate and expand the administrative law enforcement "three systems" reform results, to achieve full coverage of the district and township. Implementation of the "Hebei Province administrative law enforcement documents and administrative law enforcement supervision and inspection documents management approach" (Provincial Government Decree [2012] No. 4), unified administrative law enforcement personnel qualification management. Unify the basic standards of administrative law enforcement case files and instruments, establish a standard system of administrative law enforcement instruments and case file evaluation, and improve the system of delivery of administrative law enforcement instruments. Fully implement the benchmark system for administrative discretion. Standardizing enterprise-related administrative inspections. In accordance with the types of administrative law enforcement, formulate and improve administrative law enforcement procedural norms. Implementing the notification system, and safeguarding the rights of the administrative relative to make statements, plead their case, and apply for a hearing in accordance with the law. Unless there is a legal basis, administrative departments are strictly prohibited from adopting measures that require market entities in a particular region or industry or field to suspend production and business generally. Improve the risk prevention and control mechanism of administrative law enforcement, assess the risk of law enforcement in a timely manner, and formulate a plan for law enforcement risk resolution and disposal. The minutes of internal meetings of administrative organs shall not be used as the basis for administrative law enforcement.
(XI) innovative administrative law enforcement. Extensive use of persuasion and education, persuasion and demonstration, warning and admonition, guidance and interviews, and strive to achieve leniency and strictness, law and reason. The implementation of minor violations of the law exempt from punishment list. Implementing the administrative law enforcement case guidance system, and issuing guidance cases on a regular basis. Comprehensively implement the "who enforces the law" responsibility system, and strengthen the interpretation of the law in the case.
V. Improve the system of emergency response, prevention and disposal of major emergencies in accordance with the law
(xii) Improve the system of emergency response. According to the emergency response related laws and regulations, timely revision of emergency response supporting system, to achieve timely and effective convergence. Improve the overall and special emergency response plans for public emergencies, as well as the emergency response plans for various types of emergencies at all levels that are connected with them. Strengthen the construction of mechanisms for monitoring and early warning, information reporting, emergency response, recovery and reconstruction, investigation and evaluation of emergencies. Accelerate the institutionalization and standardization of the application of administrative means for emergency response, and clarify the boundaries of administrative power. Improve the system of expropriation, requisition, relief and compensation for emergency response, and standardize the relevant approval and implementation procedures and means of relief. Standardize the collection and use of personal information system mechanism for emergency response, and effectively protect citizens' personal information.
(xiii) Improve the ability to handle emergencies according to the law. Enhance the awareness of risk prevention, strict implementation of all departments at all levels to prevent and resolve the major risks in this field responsibility, enhance risk prevention and resolution capabilities, emergency rescue capabilities, emergency science and technology information support capabilities, emergency management grass-roots infrastructure capabilities, social cooperative response capabilities. By the end of 2025, an emergency management system of "unified command, specialization and preparedness, responsiveness, up and down linkage, and integration of peace and war" will be established. Local standards for emergency management will be formulated and released in due course. Promote comprehensive administrative law enforcement reform of emergency management. Strengthen the disclosure of information on emergencies and crisis communication, and improve the public opinion response mechanism. Strengthen the training of emergency response laws and regulations, and promote the emergency planning exercises to the actual combat, normalization.
(xiv) Guide and standardize the participation of grassroots organizations and social forces in emergency response. Improve the township, village (community) emergency disposal organization system. Improve the social emergency response force record registration, call compensation, insurance protection and other aspects of the system. According to law to protect the legitimate rights and interests of social organizations, charitable organizations, social workers, volunteers and other participation in emergency response, improve incentives and safeguards.
VI. Improve the system for resolving conflicts and disputes, and promote social harmony and stability
(XV) improve the mechanism for resolving conflicts and disputes. To establish and improve the administrative mediation mechanism with the overall responsibility of the administrative departments at all levels, led by the judicial administrative organs, and with the functional departments as the main body, and to promote the organic convergence of administrative mediation with people's mediation and judicial mediation. It has improved the comprehensive mechanism for the prevention and resolution of contradictory disputes through letters and visits, mediation, arbitration, administrative adjudication, administrative reconsideration and litigation. Improve the "five-key" working mechanism of complaint and mediation, police mediation, political mediation, prosecution mediation, visit mediation, integration of departmental resources, and strengthen the source of governance, systematic governance, comprehensive governance.
(p) Strengthen administrative mediation. According to law to strengthen the protection of consumer rights and interests, traffic damage compensation, public security management, environmental pollution, social security, housing and land acquisition, intellectual property rights and other aspects of administrative mediation. Functional departments to improve the working mechanism, standardize the scope and procedures of administrative mediation, organize education and training to enhance the level of administrative mediation work.
(xvii) orderly promotion of administrative adjudication. Improve the administrative adjudication work system, smooth the acceptance of channels, promote the effective convergence of adjudication and litigation, standardize the administrative adjudication process, and promote the effective implementation of administrative adjudication duties. Comprehensively sort out administrative adjudication matters and clarify the scope of application of administrative adjudication. It has strengthened mediation in administrative adjudication and promoted the settlement of disputes through mediation. Strengthen case guidance and business training to enhance the capacity of administrative adjudication.
(xviii) Give full play to the role of administrative reconsideration as the main channel for resolving administrative disputes. Comprehensively deepen the reform of the administrative reconsideration system, and basically form a fair and authoritative, unified and efficient administrative reconsideration system. Strengthen the construction of the information platform for administrative reconsideration, explore the establishment of a mechanism for streamlining and simplifying cases, and effectively improve the quality and efficiency of case handling. Improving and optimizing the administrative reconsideration hearing mechanism. Administrative reconsideration committees have been established at the district level to provide advice on major, difficult and complex cases. Establishing a mechanism for supervising the implementation of administrative reconsideration decisions, as well as administrative reconsideration opinions and recommendations. Fully implement the online public system for administrative reconsideration decisions.
(19) strengthen and standardize the administrative appeal work. Strictly implement the Hebei Provincial Administrative Organs Administrative Appeals Measures (Provincial Government Decree [2014] No. 15), and continue to promote the work of administrative organs in charge of the court. Promoting the substantive settlement of administrative disputes and strengthening the governance of sources of litigation. Supporting the courts in accepting and hearing administrative cases in accordance with the law, and effectively fulfilling the effective decisions. Supporting the Procuratorate in carrying out administrative litigation supervision and administrative public interest litigation. Seriously do a good job of judicial advice, prosecutorial advice implementation and feedback work.
VII. Improve the power constraints and supervision system, and promote the standardized and efficient operation
(XX) to promote the formation of supervision synergy. Highlight the dominant position of the party supervision, promote the party supervision, democratic supervision, administrative supervision, judicial supervision, mass supervision, public opinion supervision and other types of supervision organic coherence, mutual coordination. Actively play the role of audit supervision, accounting supervision, statistical supervision, law enforcement supervision, administrative reconsideration and other supervision, and consciously accept the supervision of discipline inspection and supervision organs. The implementation of the "three distinctions" requirements, the establishment and improvement of incentives to act as a protection mechanism, and effectively mobilize the enthusiasm of government staff.
(xxi) Strengthen and standardize the work of government supervision. Strictly enforce the "Regulations on Government Inspection Work" (State Order No. 733), district-level inspection work in accordance with the law, to ensure the smooth flow of government orders, supervise the improvement of administrative efficiency, promote honesty and integrity, and improve the administrative supervision system.
(22) to strengthen the administrative law enforcement constraints and supervision. Conscientiously implement the "Hebei Province Administrative Law Enforcement Supervision Regulations", before the end of 2024 basically built the district township full coverage of administrative law enforcement supervision system. Decompose law enforcement powers and determine law enforcement responsibilities in accordance with the list of powers and responsibilities. Strengthening and improving the management and evaluation of administrative law enforcement case files, handling of complaints and reports by administrative law enforcement agencies, and evaluation and deliberation of administrative law enforcement, as well as standardizing the format of administrative law enforcement supervision instruments. Supporting the Procuratorate in carrying out the special activity of "comprehensively deepening administrative procuratorial supervision and safeguarding people's livelihoods and interests in accordance with the law". The establishment and implementation of administrative law enforcement supervisor system.
(23) comprehensive and proactive implementation of open government. Strengthen the institutionalization, standardization, information construction, improve the capacity and level of open government affairs. Statutory active disclosure of all public content to be in place, and comprehensively improve the quality of work in accordance with the application of openness, in accordance with the law to protect the people's reasonable information needs. It has strengthened the construction of special areas for open government affairs, and carried out activities such as online political inquiries to enhance interaction and communication with the public. Further promote public enterprises and institutions information disclosure.
(xxiv) Accelerating the construction of integrity in government affairs. Strictly implement the Hebei Province social credit information regulations, and improve the government's trustworthiness mechanism. Establishment of government integrity monitoring and governance mechanisms, the establishment of a sound system of record of governmental breach of trust, the breach of contract and destruction of contracts, delinquent accounts, refusal to fulfill the judicial decision and other breach of trust information into the national credit information sharing platform (Hebei Handan), and to the public. It has established and improved the accountability system for the government's breach of trust, and increased the strength of punishment for breach of trust. Organize and carry out the evaluation of political integrity, enhance the level of political integrity in the region.
Eight, sound science and technology protection system, to create a digital rule of law government
(25) accelerate the promotion of information platform construction. Strengthen the overall planning for the construction of government information platforms, optimize the integration of various types of data, network platforms, to prevent duplication of construction. Coordinate and promote the construction of government service platforms to achieve full coverage of online government services. Promote the construction of new smart cities in a hierarchical and classified manner, and promote the transformation and upgrading of governance. The construction of regulations and administrative normative documents unified public inquiry platform, before the end of 2023 to realize the current effective local laws and regulations, regulations, administrative normative documents unified public inquiry.
(26) Accelerating the orderly sharing of government data. Establish and improve the coordination mechanism for sharing government data, clarify the functional boundaries and work responsibilities of all relevant parties in the provision, use and management of government data, promote data sharing and business collaboration, and strengthen the optimization and integration of government information systems. It has established and improved the system and rules for applying the Internet, big data, artificial intelligence and other technical means for administrative management, and upgraded the level of standardization. Promoting the opening and sharing of data by the government and public service organizations in accordance with the law, and prioritizing the opening of government data in the areas of livelihood protection, public services and market supervision to the society in an orderly manner. Strengthen the use of big data to assist administrative decision-making, administrative legislation and administrative law enforcement.
(XXVII) Further promote the "Internet +" supervision and law enforcement. Relying on the national "Internet + supervision" system, the data connection and convergence of various regulatory platforms will be realized by the end of 2022. Actively promote intelligent law enforcement, strengthen the configuration and application of information technology and equipment, and implement administrative law enforcement APP palm law enforcement. Explore the implementation of off-site supervision characterized by remote supervision, mobile supervision, early warning, prevention and control to solve the problem of "fewer people and more work". To the national administrative law enforcement comprehensive management and supervision information system to pool data, support the construction of the national administrative law enforcement database, and promote the innovation of law enforcement supervision mechanism.
Nine, strengthen the leadership of the party, improve the construction of the rule of law government to promote the mechanism
(28) to strengthen the leadership of the party on the construction of the rule of law government. Party committees at all levels (party groups) should implement Xi Jinping's thought on the rule of law into the entire process of building the rule of law government. Party committees at all levels (party groups) should effectively fulfill the leadership responsibility of promoting the construction of the rule of law government, timely listening to relevant work reports, in-depth study and deployment, and effectively solve major problems affecting the construction of the rule of law government. Departments should, under the unified leadership of the party working committee, fulfill the main responsibility for the construction of the rule of law government, plan and implement the tasks of the construction of the rule of law government, and take the initiative to report to the party committee at the same level on major issues in the construction of the rule of law government. Departments, social affairs bureaus, townships and townships, the main person in charge should effectively fulfill the responsibility of promoting the construction of the rule of law government in the local departments, the rule of law government construction as an important work regularly deployed to promote, grasp and grasp. Strictly implement the party committee, the government's main person in charge of the annual statement of the law system.
(29) improve the rule of law government construction to promote the mechanism. In-depth promotion of the rule of law government construction inspectors, by the end of 2024 to realize the full coverage of the administrative departments, social affairs bureaus, townships and townships inspectors. Seriously do a good job in recommending national model regions and projects for rule of law government construction, and organize and carry out provincial-level model creation activities for rule of law government construction. It has strengthened guidance and supervision of weak departments and grassroots level of rule of law government construction, strictly benchmarked the national rule of law government construction indicator system, and strengthened the implementation of the indicators. Increase the strength of the assessment, raise the weight of the assessment, and incorporate the situation of administration under the rule of law into the assessment of rule of law construction, as an important part of the comprehensive assessment of departments, social affairs bureaus, townships and townships and their leading cadres. Establishing a pool of experts for assessing the construction of the rule of law government and improving the level of assessment specialization. Increase the rule of law government construction achievements in summarizing and refining experience and publicity and promotion efforts.
(30) Comprehensively strengthen the capacity building of administration according to law. To establish a list of laws and regulations that should be known and understood by the staff of administrative organs, and not to make decisions that derogate from the legitimate rights and interests of citizens, legal persons and other organizations or increase their obligations in violation of the law. Improve the mechanism for leading cadres to learn the law and use it; the leadership of district management committees and township-level governments should organize more than two special lectures on the rule of law each year, and those in charge of administrative law enforcement functions should receive at least one off-the-job training on the rule of law during their term of office. Strengthen legislative capacity building, and do a good job of training and reserving government legislative talent. Strengthening the professionalization of administrative law enforcement teams, to ensure that each person receives no less than 60 hours of training in business knowledge and laws and regulations each year. To carry out pilot work on the construction of a standardized system for training administrative law enforcement personnel. Strengthening the capacity building of administrative reconsideration, and implementing the code of practice for administrative reconsideration. Strengthening the construction of teams of legal advisers and public attorneys, and enhancing the ability of legal advisers and public attorneys to participate in major decision-making. Optimize the functional positioning of grass-roots judicial offices, and ensure that personnel strength and funding are commensurate with their duties and tasks.
All departments at all levels in the region should fully and accurately implement the spirit of the "Outline", and conscientiously implement the provincial, municipal and district implementation programs, and press the responsibility, pay close attention to the implementation, and strive to guard against formalism, bureaucracy, to ensure that the results. District Office of the rule of law to supervise, inspect and assess to ensure that the rule of law government construction tasks and measures to be implemented.


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