Xinhua Beijing on April 7, a few days ago, the Department and the Central propaganda Department, the Ministry of Justice, the society is jointly issued by the Ministry in January this year by the Central leading group for deepening reform consideration on perfection of State personnel law, adopted opinions on usage of system. About the issues surrounding views, head of the Department of Justice responded to a reporter's question.
Q: why are formulated opinions?
Answer: since the party's 18 XI General Secretary time and again, State personnel law use gave important instructions, stressed the need to hold "critical few" requires leading cadres to respect law model, abide by the law. The 18 session of the plenum of the party explicitly proposed to "adhere to leading cadres to take the lead in learning, the model law as key to establish a sense of the rule of law, improve the system of State personnel law use." 18 plenary sessions of the party explicitly requested "the whole society especially public officers law of respect for law, abide by ideas."
This developed introduced views, is full implement party of 18 big and 18 session three in the, and four in the, and v plenary spirit, in-depth implement XI General Secretary series important speech spirit of important initiatives; is in past related provides of based Shang, summary refined around the sector carried out national staff learn method usage of work practice, according to full law ruling and full strictly rule party of new requirements, on national staff learn method usage system of sound and perfect. State personnel law institutionalization, standardization and usage of long-term, prompting State officials take the lead in respect of law law, abide by, and improve rule of law thinking and problem-solving abilities of the society establish a sense of the rule of law and building a socialist country ruled by law is of great significance.
Q: which problems are solved?
Answer: in recent years, all localities and departments to seriously implement Central decisions and arrangements to implement and promote usage of State law, achieved remarkable results. But compared with the overall requirements of administering, insufficient attention to the use of agents of the State law of leading cadres, and learning method uses system are not sound in some places, some State officials rule of law is weak, some even black, overridden by authority, and with the right pressure, bending. Law use of national staff working in three areas of new progress and new results.
In recognition, requiring all localities and departments law use national staff working in important positions, as a long-term and regular work to catch, and usage for local national staff learning, work in this sector of the overall layout.
In our system, to improve the system of State personnel law use specifically requests it, make it more specific, easy to implement, evaluation, promoting usage of State law by the General requirements into institutional arrangements.
In the mechanism, defined the Organization Department, propaganda Department of the Party Committee and Government departments, judicial administrative departments in the Division of responsibilities in the work of State personnel law use to strengthen organization and coordination, promoting roles, accountability, management of work further.
Q: State personnel law use what are the requirements?
Answer: views stressed, to full implement party of 18 big and 18 session three in the, and four in the, and v plenary spirit, insisted to Marx Leninism, and Mao Zedong thought, and Deng Xiao-ping's theory, and "three a representative" important thought, and science development views for guide, in-depth learning implement XI General Secretary series important speech spirit, implement implementation Central on rule of law publicity education work of decision deployment, adapted full law ruling and full strictly rule party of new requirements, insisted learn method usage phase combined, Further perfect national staff learn method usage the system, sound assessment assessment mechanism, innovation work way method, constantly advance national staff learn method usage work continued in-depth carried out, efforts improve national staff rule of law literacy, enhanced using rule of law thinking and rule of law way promoted development of capacity level, full play in construction Socialist rule of law national in the of important role, for full built well-off social and achieved "two a 100 years" struggle target, The great rejuvenation of the Chinese nation's dream to create a good environment of rule by law in China.
Views requirements national staff close actual, seriously learning to Constitution for core of the legal regulations, firm set Socialist rule of law concept, efforts improve rule of law literacy, constantly enhanced in rule of law track Shang deepening reform, and promoted development, and resolve contradictions, and maintenance stable of capacity; stressed levels leaders to do statue law method law-abiding usage of model, lead learning Constitution and legal, lead exercise rule of law, and law do; members cadres to seriously learning Constitution and the party regulations.
5 regard to the main content. A is insisted put learning Constitution put in first, consciously comply with Constitution, maintenance Constitution implementation; II is learning national basic legal, efforts master legal basic knowledge,; three is learning and economic social development and people production life is closely related to of legal regulations, improve using legal means management Economic Social Affairs of level; four is learning and perform post duties is closely related to of legal regulations, effective improve law do capacity; five is active advance national staff combined post needs carried out usage activities, strictly according to legal provides shoe vocational To improve social governance level of the rule of law.
Q: why learning party regulations?
Answer: "form a sound legal system within the party" construction of socialism with Chinese characteristics is the rule of law system, an important part of building a socialist country, perfecting inner-party regulations is a question of administering justice. Urge party members and cadres to study the party Constitution and party regulations, respect Constitution, strengthening party Constitution consciousness of party rules of party discipline, party Constitution Party rules of party discipline and State law and consciously respect, exemplary compliance with and determined defenders. Party organizations at all levels must seriously study and publicize the party's regulatory responsibilities, adhere to comprehensive strictly administering the party, according to the governing party, learning party regulations as an important content of the construction of the party organizations, give full play to typical advocate of positive and negative case warning, for the implementing of regulations to create a good atmosphere in the party.
Q: measures taken to promote national staff act?
A: one is the perfect party Committee (party) central group learning system. Party committees (party) central group learning system as the national staff of the basic system requirements adhere lead statue law law of leading cadres, to include constitutional law and party statutes Party Committee (party) Central Group an annual learning plan, party committees (leading party group) the first person responsibility seriously. Adhere to the thematic method before major decisions, establishment and improvement of cadres ' learning by attendance, learning archive, learning information systems.
Two is the perfect daily learning system. Stressed the regularly organized seminars for the rule of law, the rule of law, the rule of law of the Forum discussion, using national Constitution Day, the constitutional oath, the anniversary of the promulgation and implementation of the law, such as learning activities, promote regular learning; requirements to build and improve the learning platform, build networking schools, networked learning class, expand the learning channels and forms of law. Opinions in the process of implementing, will drive around departments more and better use of micro-blogging, micro-credit, new media technologies such as mobile clients, more efficient organization, with case law, to observe the trial, warning education activities, enhance the State law's reach and appeal.
Third, strengthen the rule of law training. Views requirements put rule of law education into cadres education training general planning, put Constitution legal as levels party school, and administrative college, and cadres College, and Socialist College and other related training institutions of training compulsory, strengthening rule of law courses system construction, improve rule of law education of systemic and effectiveness sex; put rule of law education into national staff into vocational training, and promotion training of will training content, ensure rule of law training class number and training quality; according to actual need organization carried out topic rule of law training, Increase the proportion of a variety of in-service training in the rule of law; increase the setting in the organizations of training courses of the rule of law, and clear rule of law course of minimum class requirements. An interview with Cao kefan television news and
Q: what demands on national staff usage?
Answer: according to the decision and perform their duties in strict accordance with both requests made.
According to the decision, stressed the need for strict compliance with the Constitution and the law decision, statutory duties, without authorization must be impossible. Implementation of major decisions and legal review mechanisms, decision-making authority on major matters, content and procedures for legal review. Actively promote the Government legal system, for the Government's decision to provide legal advice. Party and government organizations at all levels and people's organizations generally set up the Government lawyer to promote State-owned enterprise to establish a company lawyer. Major decision-making mechanism of accountability and responsibility to check for life, for the illegal decision and abuse, negligent in duties causing great losses, adverse effects, would strictly be investigated for legal responsibility according to law.
In terms of strictly perform their duties according to law, emphasized the firmly establish the right according to law by statutory, right to the basic concept, perform their duties strictly in accordance with the provisions of the law and legal procedures, legal knowledge to learn the ability to act according to the law. Strict application of the law enforcement personnel management system certificates and qualifications, not qualified as a law enforcement and may not engage in law enforcement activities. Strict implementation of major enforcement decisions legal auditing system on major enforcement decisions adopted without a legal audit or audit is not, and shall not make a decision. Implementation of the information system, public functions and powers according to law, the legal basis, implementation, process, schedule, such matters as the result of, and consciously accept the various sectors of the community supervision. Implementation of law enforcement files comments on search, track the quality of evaluation work, and strive to improve the quality of law enforcement and law enforcement levels. Law enforcement and judicial organs in the higher standards and requirements of law use, loyalty to the law, to defend the rule of law. Enforce accountability, strict accountability.
Q: the supervision and assessment of the measures adopted to enhance usage of law?
Answer: advice from State legal literacy and learning situation both regarding the usage of provided for supervision and assessment measures.
First of all, implementation of State law exam. Comments made by national staff recruitment and entry exams in hiring law, regular legal examination, served in the legal examination, to be engaged in administrative enforcement of law enforcement special examination for the qualification. On hired and recruitment in the of started test method, stressed increased civil servants hired exam in the legal knowledge of share; on regularly legal exam, many place and sector through regularly Organization concentrated test method, and online test method, variety form of legal exam, preliminary reached has to test promoting learn, and to test promoting with of effect; on leaders served legal exam, around General carried out has NPC appointed cadres of any Qian legal exam, views implementation Hou will on cadres served Qian test method system of applies range, and exam content, and exam form, and Exam results are standardized and improved, more study-oriented thought of rule by law and the rule of law, improving the scientific nature and effectiveness of the exam.
Secondly, the method uses the supervising of the strengthening of the national staff. Comments usage learning public service an important part of the annual appraisal, leading bodies and leading cadres in the annual evaluation report for the law. Stressed the rule of law, legal literacy as an important part of cadre's morals, and judge the cadres can comply with the law, in accordance with the law as an important basis. Views at the same time promotes the usage of calls for law to strengthen evaluation, State officials work into spiritual methods used to create content, include rule of law city, County (city, district) to create indexes.
Q: how to establish a working mechanism of State personnel law use?
A: implementation comments should establish party committees exercise unified leadership, Division of cooperation State personnel law use of works. All localities and departments to use state law placed in important positions, mainly leadership responsibility, leaders specific to catch, and specialized agencies and personnel responsible for the law use of concrete implementation, and operational work with the deployment, with analysis, implementation, refinement of the system measures reflect different characteristics and staff learning method uses to create the conditions for the country to provide security. Actively explore incentives Awards advanced units and individuals in accordance with the relevant provisions.
Stressed, the relevant departments under the unified leadership of the Party Committee, clear assignment of responsibility, strengthen coordination and cooperation, improve working mechanism of State personnel law use. Party Committee Organization Department to agents of the State law uses the General guidance and supervision of law use national staff included in the programme of employee training, coordination of training colleges and universities enforce laws required by the Constitution, use method as an important aspect of investigating cadres. Party Committee propaganda departments to assist in the implementation of the Party Committee (party) central group learning system, strengthen the law use of propaganda. Civil service departments to integrate rule of law knowledge in civil service recruitment, training and scope of the annual appraisal. Administration of Justice Department to specific State law use of organization and coordination, guidance and inspection.