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Standardizing and Perfecting Administrative Execution Law of

2014-04-29 00:00:00范智鵬
西江月·中旬 2014年2期

Abstract:At present the problems exist more and more in the process of law enforcement in our products quality, so the writer put forward some suggestions for standardizing and perfecting administrative execution law of product quality from the enforcer, government, supervision department, the lawenforcement environment and so on

Key words: Administrative Execution Law of Product Quality;Standard;Perfect

1.Deep study quality thoughts and Improve Product Quality Awareness

Administrative Execution Law of Product Quality acts as administrative actions in name either administrative Organ or authorized organization behavior, and it is always implemented and completed by administrative execution law personnel. So the quality of the lawmen directly influences the quality of the Administrative Execution Law of Quality management. At present, the quality of the management and service-typed lawmen need to be improved. There is still a gap to the effective law enforcement requirements .In order to improve the administrative law enforcement personnel's quality and improve the level and quality of administrative enforcement of law, product quality management department need to do the following:

1.1 To change ideas, enhance service awareness

In daily work, quality management department should change the perception of administrative law enforcement personnelby the way of ideological education , making the value power to advocate legal, paying more attention to the management of change for the importance of service. Firmly establish the \"law enforcement is service\" concept, fully aware of the law enforcement work is serving the economic development and the people. In other words, the law enforcement and service is a unified whole, a close relation, and service is the starting point of all law enforcement work. In addition, administrative authorities also need to expand the area of services, service innovation in order to strengthen the law enforcement personnel’s service consciousness. Law enforcement personnel may take the form of reasoning to raise the level of law enforcement and case handling quality. Administrative law enforcement reasoning style refers to the law enforcement officers in law enforcement practice do \"reasons, common sense, say through law\" in order to achieve the reason and the law reason, blending, and always put the interpretation, reasoning as a innovation idea active throughout the law enforcement.

1.2 strengthen theoretical research and strengthen the guiding role of theory in practice

At present, research on quality management theory is still very weak, and can't guide the law enforcement practice very well. Therefore, quality management should discover the basic law, basic contradiction as well as the basic principle, based on foreign advanced theory, combined with the actual situation in the region. And it will be shown through the corresponding system. Only in this way, it can improve the quality of law enforcement and the level of quality management, and promote the rapid development of the region's economic and social.

2.To promote the construction of the government under the rule of law, the law enforcement

2.1 Constantly improve the laws and regulations, perfect the legal basis

Since the establishment of quality management, our country introduced a series of related laws, regulations and rules and regulations, but it does not meet the actual needs for quality management department. So, in order to further improve the shortages and objections of the existing laws, regulations and rules, product quality management department should take Deng Xiaoping Theory and the basic line of the party as a guide, establish and perfect the legal system of socialism with China characteristics, combined with the actual situation of all levels of government, against the region faces major cases from the reform and opening up, as soon as possible to make a series of socialist market economy urgently needed, representing the spirit of reform of the administrative regulations and rules, so as to lay the legal foundation for the enforcement of administrative law. Especially to accelerate the improvement of related to personal health and safety, the property of the relevant regulations and rules, in order to make the work of administrative law enforcement of quality management has clear legal authorization.

2.2 Reasonable planning the construction of the legal system, deepen the system reform

The administrative legislation is the premise and basis of administrative law enforcement, so in the legislation of government, should adhere to the \"people-oriented\" principle, combining with the objective requirements of foreign advanced experience of management system and the reform and development, to formulate administrative regulations and rules, and is closely related to the interests of the masses of the people. Resolutely prevent and overcome by legislation department interests, expand the area, the initiative to departmental interests to overall interests, partial interests to overall interests, immediate interests to long-term interests. In addition, also need to reform the old system inconsistent with the reality, and then formulates the science reasonable legislative plan, legislative plan, legislative procedure and legislative authority, in order to improve the quality of legislation, improve the legislation and operability.

3.Strengthen law enforcement supervision system, Restrict administrative law enforcement body

British historian Lord Acton said: \"power corrupts, and absolute power corrupts absolutely.\" The French Enlightenment thinker Montesquieu also said: \" All those who have power are easy to abuse of power, this is an experience unchangeable. They use power extremely.\" This fully shows a truth that without supervision, it will inevitably lead to corruption. That is to say the administrative law enforcement supervision is an important guarantee of administrative law enforcement. Therefore, in the process of administrative law enforcement practice, it should strengthen the supervision of the administrative law enforcement, perfect supervision mechanism, of administrative law enforcement. Only so, it can prevent the abuse of discretion and achieve the effect of administrative enforcement. The administrative law enforcement supervision and quality management mainly includes the two categories which are internal supervision and external supervision

3.1 To achieve internal supervision means

The internal supervision of the quality management refers to the internal implementation supervision of administrative organs. It is established in order to standardize administrative law enforcement behavior, which mainly includes the internal supervision of quality management, administrative reconsideration, administrative supervision, audit supervision.

Realizing the internal supervision of quality management, it needs to do the following two points: one is the normative documents. Internal supervision departments need to record its treatment, detect and correct file problem. Only in this way, it can provide a reliable legal basis. In addition, take the supervision of administrative punishment as the key and breakthrough during the law enforcement activities in practice. The purpose is to increase the supervision of administrative law enforcement activities. The Second, further implement the administrative responsibility system. It is a comprehensive system of legal supervision system and law enforcement management system combining, with the characteristics combined with the autonomy and heteronomy and self-discipline. The implementation of the law enforcement responsibility system, is based on finding the law enforcement basis, focuses on the decomposition law enforcement authority, and the key is to determine the position, duty, the core is the responsibility. To implement the administrative law enforcement responsibility system, please key the three keys: Implementing the statutory responsibilities, Establishing and improving the supporting system, and Organizing the appraisal system

And break the \"two difficulties\": one is the definition and classification of law enforcement authority. Mainly solve the unclear responsibility and authority of unknown problems. And straighten out the law enforcement relations fundamentally.

Two is law enforcement fault accountability. The administrative supervision not only check the illegal administrative acts, but also pursue the legal responsibility of administrative organs and its staff in violation of legal norms

If the responsibility is not to be pursued, responsibility will not be guaranteed because of losing control, and law enforcement responsibility can not be fully implemented.

To make a long story short, only in the full implementation of the administrative responsibility system, administrative law enforcement behavior will be standardize, the level of administrative law enforcement will be improved.

3.2 The realization of the external supervision measures

The external supervision on the administrative law enforcement of quality management refers to the supervision on the administrative law enforcement of state authority,including the supervision of the party, the state power organs, judicial organs, public opinion supervision, social organization, citizen, the community and so on. The important conditions as the work of quality management of administrative law enforcement smoothly, which need to be enriched the means to improve the administrative law enforcement supervision, specific measures as shown below:

First, make sure the independence of supervisory organs of state power and judicial organs.

This is because although judicial organs as a more equitable way external supervision are strict with supervision procedures, but it cannot escape the control of the relevant government departments.

That is to say the judiciary supervision on administrative law enforcement and the power is very limited. Therefore, in order to make better use of the judiciary supervise on practice, should try to keep the independence of the judiciary supervision.

Second, seek the effective way of the supervision on law enforcement personnel. For example, in XX quality management, there are various forms of complaints channels on the quality, but there is none of the complaints channels on the law enforcement personnel. So need to seek effective ways to solve this problem. First, establish a special law enforcement departments receiving the complaints, and the department can not be controlled by the relevant administrative organ.

In this way, on the hot issues, government departments can promptly organize special inspection of law enforcement, solve and correct the existing problems in administrative enforcement in time.

4.Create a good external environment for law enforcement

4.1 Increase publicity and popularization and create good law enforcement environment

Increase publicity of laws and regulations. Create a good atmosphere for law enforcement through extensive publicity. The State Council has repeatedly stressed to strengthen the law enforcement, emphasize the law, enforce the law strictly, and construct the law society. At the same time The State Council also promulgated the \"implementation outline for fully complies with the law\" and other relevant documents for the supervision. Publicity departments should also continue to strengthen the legal publicity, expand the public scope of legal knowledge. Let the legal knowledge deep into the hearts of everyone in order to better use it.

4.2 Government departments should intensify law enforcement involvement, support law enforcement work

Increase relevant legal knowledge publicity at the same time, law enforcement work should be supported more by government departments with keeping good strong backing. Let the law enforcement and supervision departments and government help each other, and strengthen the management.

All levels of government pay close attention to the quality of economic development with the development of regional economy, and do speed on the quality of parallel. For example, products service, quality assurance, customer service has become the new core of the new era of economic competition. That spelling service quality, customer service management is the realization of economic competition in the market, and is the new law being the survival of the fittest. In other words, the quality of the products has become a point of most concern in the environment of market economy, but also a key factor of competition. Any enterprise, the quality of the products when problems arise, the loss is not only money, is the consumer public praise this cannot measure the benefit.

Once the product problems, not to be investigated or corrected will expand the negative effects, the illegal behavior more arrogant, reducing the law enforcement authorities.

In addition, all levels of law enforcement and supervision departments should further strengthen law enforcement, making the legal power of grass-roots better execute. To strengthen law enforcement activities, it requires all levels of quality supervision of governments perform well, and it can create better environment. Correctly treating the law enforcement staff refers to not only rely on the related laws and regulations single. During the activities which are related to quality supervision, it should respect the supervision of law enforcement personnel accordingly and do security work on law enforcement officers in the economic and social status. Only in this way, it can better enhance the related law enforcement personnel’s responsibility and service ideas, and let the staff do a better job in their work.

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