16 Aug 21 - story 3

Central Committee of the Communist Party of China and State Council issue “Implementation Outline for the Construction of a Government under the Rule of Law (2021-2025)”

Xinhua News Agency, Beijing, August 11. Recently, the Central Committee of the Communist Party of China and the State Council have issued the "Implementation Outline for the Construction of a Government under the Rule of Law (2021-2025)" and issued a notice requesting all regions and departments to conscientiously implement it in light of actual conditions.

The full text of the Implementation Outline for the Construction of a Government under the Rule of Law (2021-2025) is as follows.

The construction of a government under the rule of law is the key task and main project of comprehensively governing the country according to law, and is an important support for advancing the modernization of the national governance system and governance capabilities. In order to continuously and deeply promote administration according to law in the new stage of development, and build a government under the rule of law in an all-round way, this outline is formulated in accordance with the current reality of the construction of a government under the rule of law.

1. In-depth study and implementation of Xi Jinping's thoughts on the rule of law, and strive to achieve a comprehensive breakthrough in the construction of a government under the rule of law

Since the 18th National Congress of the Communist Party of China, especially in the five years since the implementation of the "Implementation Outline for the Construction of the Rule of Law (2015-2020)", various regions and departments have taken multiple measures, reforms and innovations, and significant progress has been made in the construction of a government under the rule of law. The party’s leadership in the construction of a government under the rule of law has been continuously strengthened, responsible inspections and demonstration activities have been implemented in depth, and a mechanism for advancing the construction of a government under the rule of law has basically taken shape; the reform of “delegation, administration, and service” has been intensified, and the business environment has been greatly optimized; The administrative decision-making procedure system has been initially established, and the credibility of administrative decision-making has been continuously improved; the reform of the administrative law enforcement system and mechanism has been vigorously promoted, and the level of strict, fair and civilized law enforcement has generally improved; administrative power control and supervision have been comprehensively strengthened, and illegal administrative behaviors can be promptly corrected and investigated; social conflicts and disputes Timely and effectively resolve in accordance with the law, and the mechanism for preventing and resolving administrative disputes has been improved; civil servants at all levels have significantly increased their awareness of the rule of law, and their ability to administer according to law has been significantly improved. At present, our country has embarked on a new journey of building a modern socialist country in an all-round way and marching towards the second centenary goal, coordinating the overall strategy of the great rejuvenation of the Chinese nation and major changes unseen in a century, advancing the modernization of the national governance system and governance capabilities, and adapting The people’s growing need for a better life has put forward new and higher requirements for the construction of a government under the rule of law. It must be based on the overall situation, take a long-term view, make up for shortcomings, forge ahead, and promote the construction of a government under the rule of law to a new level in the new era.

(1) Guiding ideology. Hold high the great banner of socialism with Chinese characteristics, adhere to the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thinking of the "Three Represents", the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and fully implement the 19th National Congress of the Communist Party of China and The spirit of the Second, Third, Fourth, and Fifth Plenary Sessions of the Nineteenth Central Committee fully implemented Xi Jinping’s rule of law, strengthened the “four consciousnesses”, strengthened the “four self-confidence”, achieved “two safeguards,” and laid aside the construction of a rule of law government. Make overall plans in the overall development of the party and the country, speed up the construction of a government governance system with clear responsibilities and administration according to law, and comprehensively build a legal government with scientific functions, statutory rights and responsibilities, strict law enforcement, openness and justice, intelligence and efficiency, integrity and people’s satisfaction. Provide a powerful legal guarantee for the comprehensive construction of a modern socialist country and the realization of the Chinese dream of the great rejuvenation of the Chinese nation.

(2) Main principles. Adhere to the overall leadership of the party to ensure the correct direction for the construction of a government under the rule of law; adhere to the people-centered approach, all administrative agencies must serve the people, be responsible to the people, and be supervised by the people; adhere to the problem-oriented, rule of law to set rules and delimit the administrative power, Effectively solve the outstanding problems that restrict the construction of a government under the rule of law; adhere to reform and innovation, and actively explore the mode and path of building a government under the rule of law with Chinese characteristics; adhere to the overall promotion and strengthen the overall promotion and coordinated development of the construction of a government under the rule of law.

(3) The overall goal. By 2025, government actions will be fully integrated into the track of the rule of law, and the government governance system with clear responsibilities and administration according to law will be increasingly perfect, the administrative law enforcement system and mechanism will be basically perfect, the quality and efficiency of administrative law enforcement will be greatly improved, the emergency response ability will be significantly enhanced, and all regions and levels The construction of a government under the rule of law has been coordinated and progressed, and more regions will be the first to achieve breakthroughs, laying a solid foundation for the establishment of a country under the rule of law, a government under the rule of law, and a society under the rule of law by 2035.

2. Improve the functional system of government agencies and promote better use of the government's role

Insist that statutory responsibilities must be done, and law is not authorized to do nothing, strive to achieve a profound transformation of government functions, and manage the affairs that should be managed well and in place, basically forming a government agency with clear boundaries, reasonable division of labor, consistent powers and responsibilities, efficient operation, and legal protection Functional system.

(4) Promote the optimization and coordination of government agency functions and efficiency. Persist in optimizing the government's organizational structure, promoting the transformation of government functions, and rationalizing the integration of departmental responsibilities, so as to make the organization more scientific, more optimized functions, and more coordinated. Improve the functions of economic regulation, market supervision, social management, public services, ecological environment protection, etc., clarify the relationship between government and market, government and society, and promote a better integration of effective markets and effective governments. Strengthen the formulation and implementation of development strategies, plans, policies, standards and other functions, and pay more attention to the use of laws and systems to curb improper interference in microeconomic activities. Construct a simple and efficient grassroots management system, and implement flat and grid management. Promote the tilt of establishment resources to the grassroots level, encourage and support the cross-level transfer of administrative and business establishments from top to bottom.

Fully implement the government's power and responsibility list system to promote efficient performance of duties and responsibilities by governments at all levels. In the first half of 2022, a list of the powers and responsibilities of the State Council departments will be compiled, and supporting mechanisms and methods will be established for disclosure, dynamic adjustment, assessment and evaluation, and standardization. Adjust and improve the list of powers and responsibilities of local government departments at all levels, strengthen standardization, and achieve standardization and unification of the same matter. Strictly implement the negative list of market access, and generally implement the "non-prohibited entry".

(5) In-depth advancement of the reform of "decentralization, management and service". Promote the reform of the administrative examination and approval system by classification and classification. Relying on the national integrated government service platform and other channels, comprehensively implement approval services "immediately, online, nearby, one-time, self-service". Resolutely prevent the establishment of administrative licensing items in disguise by means of filing, registration, administrative confirmation, and soliciting opinions. Implement the notification and commitment system for administrative examination and approval. Vigorously merge and reduce all kinds of qualifications and qualifications, and lower the barriers to entry. The reform of "separation of licenses and licenses" will be promoted in an orderly manner, and more business license matters involving enterprises will be included in the reform. Actively promote the reform of "one industry, one certificate", and explore the realization of "one certificate for operation" and cross-regional mutual recognition. Deepen the reform of the investment approval system, promote the supervision of administrative law enforcement in the investment field, and comprehensively improve the investment environment. Fully implement the notification and commitment system for certification matters, and new certification matters must be based on laws and regulations or the State Council’s decision.

Promote government management in accordance with the law, and transfer more administrative resources from pre-approval to mid-event and post-event supervision. Improve a new type of regulatory mechanism based on "double random, one open" supervision and "Internet + supervision", supplemented by key supervision, and based on credit supervision, and promote integrated online and offline supervision, so as to improve and adapt to innovation and creation Inclusive and prudential supervision. Determine the content, method, and frequency of supervision according to the characteristics of different fields and the degree of risk, and improve the level of precision supervision. Formulate nationally unified, concise and easy-to-follow regulatory rules and standards in different areas to ensure that the standards are open, the rules are fair, and the expectations are reasonable, and each bears its own responsibilities.

Speed ​​up the construction of a service-oriented government and improve the efficiency of government services. Comprehensively improve the level of government services, and improve the systems of first-inquiry responsibility, one-time notification, one-window acceptance, and self-service processing. Speed ​​up the promotion of the "cross-provincial administration" of government services, and basically realize the "inter-provincial administration" of high-frequency matters before the end of 2021. Vigorously promote "one thing once", and provide more package-style and theme-style integrated services. Promote the in-depth integration of online and offline, enhance the service capabilities of the national integrated government service platform, optimize the integration and upgrade the "one-stop" function of government affairs halls at all levels, and fully realize that government service matters can be handled throughout the city, nearby nearby, and remote locations. Adhere to the combination of traditional services and intelligent innovation, and fully guarantee the basic service needs of the elderly.

(6) Continue to optimize the business environment governed by law. Closely focus on implementing new development concepts, building a new development pattern, and creating a stable, fair, transparent, and predictable business environment under the rule of law. In-depth implementation of the "Regulations on Optimizing the Business Environment." Timely sum up the experience and practice of optimizing the business environment in various places that can be replicated and promoted, and it will be upgraded to laws and regulations in a timely manner. Equally protect the property rights and autonomous management rights of enterprises of all types of ownership in accordance with the law, and effectively prevent abuse of administrative power to eliminate and restrict competition. Improve the national treatment plus negative list management system before foreign investment access, and promote the opening of rules, regulations, management, and standards. Strengthen government-enterprise communication, and fully listen to the opinions of enterprises and industry associations and chambers of commerce in the process of formulating and revising administrative regulations, rules, and administrative normative documents. Strengthen and improve anti-monopoly and anti-unfair competition law enforcement. Strengthen the rigid constraints of the fair competition review system, promptly clean up and abolish various regulations and practices that hinder a unified market and fair competition, and promote the formation of a unified and open, orderly competition, complete system, and high-standard market system.

3. Improving the administrative system according to law, and accelerating the standardization of government governance, proceduralization and rule of law

Adhere to scientific legislation, democratic legislation, and law-based legislation, strive to achieve equal emphasis on the quality and efficiency of government legislation, enhance pertinence, timeliness, systematization, and operability, and strive to make the system of government governance more complete and complete.

(7) Strengthen legislation in important areas. Actively promote legislation in important areas such as national security, technological innovation, public health, culture and education, ethnic religion, biosecurity, ecological civilization, risk prevention, anti-monopoly, and foreign-related rule of law, improve the legal system urgently needed for national governance, and meet the growing beauty of the people Life needs the necessary legal system. Formulate and revise legal systems such as the Law on Prevention and Control of Infectious Diseases, the Law on Response to Public Health Emergencies, and the Frontier Health and Quarantine Law. Timely follow-up and research on digital economy, Internet finance, artificial intelligence, big data, cloud computing and other related legal systems, pay close attention to fill in the shortcomings, and ensure the healthy development of new business forms and new models with good laws and good governance.

Strengthen the regulation of common administrative acts and legislation, and promote the legalization of institutions, functions, powers, procedures, and responsibilities. Revise the Organic Law of the State Council, local people's congresses at all levels, and local people's governments at all levels. Revise the Administrative Reconsideration Law and Administrative Permission Law, and improve the legal system of administrative procedures. Study and formulate administrative filing regulations and administrative law enforcement supervision regulations.

(8) Improve the legislative work mechanism. Strengthen the coordination between government legislation and the legislation of the National People's Congress, and make overall arrangements for the establishment, reform, and abolition of related laws, regulations and rules. Focus on practical issues and legislative needs, and improve the level of legislative refinement and precision. Improve the legislative demonstration and evaluation system, increase the intensity of pre-legislative evaluation, and earnestly demonstrate and evaluate the necessity and feasibility of legislative projects. Establish and improve the legislative risk prevention mechanism, and integrate risk assessment throughout the entire legislative process. Enriching legislative forms and focusing on solving practical problems. Actively use new media and new technologies to broaden public participation channels in legislation, and improve legislative hearings and public opinion survey mechanisms. Revise the regulations on the filing of laws and regulations, promote the supervision of government regulations at a level, and strengthen the filing and review duties of the provincial government. Promote regional coordinated legislation, strengthen planning arrangements, sharing of information resources, joint research and demonstration, and simultaneous formulation and revision.

(9) Strengthen the supervision and management of the formulation of administrative normative documents. Formulate administrative normative documents in accordance with the law, strictly prohibit issuing documents beyond authority, strictly control the number of documents issued, and strictly control the procedures for issuing documents. Establish and improve the coordination mechanism for the formulation of administrative normative documents to prevent multiple political outgoings and policy effects from offsetting each other. Improve the working mechanism for the dynamic clean-up of administrative normative documents. Strengthen the guidance and supervision of the formulation and management of administrative normative documents, and promote the institutionalization and standardization of management. Fully implement the legality review mechanism of administrative normative documents, clarify the scope of review, and unify review standards. Strictly implement the filing and review system of administrative normative documents.

4. Improve the administrative decision-making system and continuously improve the credibility and execution of administrative decision-making

Adhere to scientific, democratic, and legal decision-making, strive to achieve strict implementation of administrative decision-making procedures, significantly improve decision-making quality and efficiency, and effectively avoid conflicts and disputes caused by decision-making errors, social risks, and major losses.

(10) Strengthen the awareness of decision-making in accordance with the law. The responsible persons of administrative organs at all levels must firmly establish the awareness of decision-making in accordance with the law, strictly follow the statutory authority and procedures to make decisions, and ensure that the contents of the decisions comply with laws and regulations. Before making major decisions, the chief person in charge of an administrative agency shall listen to the opinions of the legality review agency and pay attention to the opinions of legal advisers, public lawyers or relevant experts. Regarding whether to comply with the decision-making procedures and systems and making decisions in accordance with the law is an important part of conducting inspections and inspections of the party groups (party committees) of government departments, and conducting assessment and inspection and economic responsibility audits of the main persons in charge of the administrative organs, to prevent individual arbitrariness and "one-talking".

(11) Strictly implement major administrative decision-making procedures. Strictly implement the "Interim Regulations on Major Administrative Decision-Making Procedures", enhance the effectiveness of public participation, improve the quality of expert argumentation, give full play to the risk assessment function, and ensure that all major administrative decisions strictly follow the legality review and collective discussion decision procedures. Implement an annual catalog disclosure system for major administrative decision-making matters. For important plans, major public policies and measures, and major public construction projects that involve the vital interests of the general public, public participation should be increased by holding hearings, conducting in-depth risk assessment, and earnestly listening to and reflecting the opinions and suggestions of stakeholders. Establish and improve the decision-making process record and material filing system.

(12) Strengthen the implementation and evaluation of administrative decision-making. To improve the administrative decision-making execution mechanism, the decision-making organs should clarify the execution subject, execution time limit, and execution feedback in the decision-making process. Establish and improve the tracking and feedback system for major administrative decisions. Promote the post-decision evaluation work in accordance with the law, and use the post-decision evaluation results as an important basis for adjusting major administrative decisions. Once a major administrative decision has been made, it shall not be arbitrarily changed or suspended without legal procedures. Strictly implement the life-long accountability system for major administrative decision-making and the mechanism of accountability reverse inspection.

5. Improve the administrative law enforcement work system, and comprehensively promote strict, standardized, fair and civilized law enforcement

Focus on improving the satisfaction of the people, and strive to achieve a general improvement in the level of administrative law enforcement, and strive to make the people see the integrity in every law enforcement action, and feel fairness and justice in every law enforcement decision.

(13) Deepen the reform of the administrative law enforcement system. Improve the administrative law enforcement system and mechanism with clear powers and responsibilities, smooth operation, strong protection, clean and efficient enforcement, and vigorously improve law enforcement execution and credibility. Continue to deepen the reform of the comprehensive administrative law enforcement system, insist that provinces (autonomous regions) do not have administrative law enforcement teams in principle. In principle, there should be only one administrative law enforcement level for districts, cities, and municipal districts. Counties (cities, districts, and banners) generally implement the “cooperation of bureaus and teams”. "One" system, the township (street) gradually realizes the reform principles and requirements of "a team in charge of law enforcement". Strengthen the organization and command and overall coordination of comprehensive law enforcement, joint law enforcement, and cooperative law enforcement. In the reform of the power of administrative licensing and administrative punishment, the linkage mechanism of examination and approval, supervision and punishment shall be improved to prevent mutual disconnection. Steadily decentralize administrative law enforcement matters urgently needed by grassroots management and can be effectively undertaken to the grassroots, adhere to decentralization according to law, pilot projects first, adhere to the transfer of powers, editing, and money to ensure that they can be put down, received, and Well managed and supervised. Establish and complete the administrative law enforcement case transfer and coordination mechanism between the township (street) and the higher-level relevant departments. Vigorously promote cross-field and cross-department joint law enforcement, realize the interconnection of illegal leads, the exchange of law enforcement standards, and the mutual recognition of processing results. Improve the linkage mechanism between administrative law enforcement and criminal justice, strengthen the construction of the "two-law convergence" information platform, and promote the institutionalization of information sharing, and standardization of case transfer standards and procedures. Speed ​​up the formulation of standards for the provision of administrative law enforcement equipment at different levels.

(14) Strengthen law enforcement in key areas. Increase law enforcement in key areas related to the vital interests of the people, such as food and medicine, public health, natural resources, ecological environment, safety production, labor security, urban management, transportation, financial services, education and training. Sort out the outstanding issues that the masses have strongly reported, and carry out concentrated and special rectification. For those with high potential risks that may cause serious adverse consequences, strengthen daily supervision and law enforcement inspections to prevent and resolve illegal risks at the source. Establish and improve the system of punitive compensation and huge fines for serious violations, as well as a life-long ban mechanism, so that serious offenders will pay their due price. Unblock the channels for complaints and reports of violations, and reward and strictly protect those who have contributed to reporting serious violations of laws and regulations and major hidden risks in accordance with the law.

(15) Improve administrative law enforcement procedures. Fully and strictly implement the legal review system of administrative law enforcement announcements, the entire process of law enforcement, and major law enforcement decisions. Unified administrative law enforcement personnel qualification management, in addition to the central vertical management department, the provincial government will coordinate the administrative law enforcement personnel qualification examination, certificate issuance, and on-the-job rotation training in the region. The relevant business department of the State Council strengthens the professional training of the law enforcement personnel of the system and improves Relevant norms and standards. Unify the basic standards of administrative law enforcement files and documents, and improve the standardization of law enforcement files and documents. Improve the delivery system of administrative law enforcement documents. Fully implement the administrative discretionary power benchmark system, refine and quantify the scope, type, and scope of the administrative enforcement actions in the region, and announce them to the public. Comprehensively sort out, standardize and streamline law enforcement matters, and cancel any laws, regulations and rules that are not based on them. Standardize administrative inspections involving enterprises, and focus on solving the problems of many on-site inspections involving enterprises, high frequency, and random inspections. In accordance with the types of administrative law enforcement, formulate and improve administrative law enforcement procedures and norms. Fully and strictly implement the notification system, and protect the rights of the administrative counterpart to make statements, defenses, and file hearing applications in accordance with the law. Unless there is a statutory basis, local governments are strictly prohibited from taking measures that require market entities in a particular region or industry or field to generally suspend production and business. The minutes of internal meetings of administrative organs shall not be used as the basis for administrative law enforcement.

(16) Innovate administrative law enforcement methods. Extensive use of persuasion and education, persuasion and demonstration, warnings, guidance and interviews, etc., strive to achieve both leniency and strictness, and legal principles, so that law enforcement is both strong and warm. Comprehensively implement a list of exemptions for minor violations in accordance with the law. Establish a case guidance system for administrative law enforcement, and relevant departments of the State Council and provincial governments must regularly issue guidance cases. Fully implement the responsibility system of "whoever enforces the law will popularize the law", and strengthen the interpretation of the law by case.

6. Improve the emergency response system and prevent and handle major emergencies in accordance with the law

Persist in applying rule of law thinking and methods to respond to emergencies, and strive to realize that the more important and urgent the work is, the more urgent it is to adhere to administration according to law, implement emergency measures strictly in accordance with the law, and promote the construction of a rule of law government in handling major emergencies.

(17) Improve the emergency response system. Revise the law on emergency response, systematically sort out and modify relevant laws and regulations on emergency management, and improve the level of legalization and standardization of emergency response. Improve the national emergency response plan system, improve the national overall and special emergency response plans for public emergencies, as well as all levels of emergency response plans that are connected to them. Strengthen the construction of mechanisms for emergency monitoring and early warning, information reporting, emergency response, recovery and reconstruction, and investigation and evaluation. Improve the emergency response to expropriation, expropriation, rescue, and compensation systems, and standardize relevant approval, implementation procedures and relief channels. Improve the risk management mechanism of mega-cities and enhance risk management and control capabilities. Improve and standardize the emergency response collection and use of personal information mechanisms to effectively protect citizens' personal information. Accelerate the institutionalization and standardization of the application of administrative measures for emergencies, and standardize the boundaries of administrative power.

(18) Improve the ability to deal with emergencies in accordance with the law. Strengthen the awareness of risk prevention, and strengthen the prevention and resolution of major risks in this area and the responsibility of various departments in all regions. Promote the comprehensive administrative law enforcement reform of emergency management, and strengthen the construction of law enforcement capacity. Strengthen the implementation of emergency incidents according to the classification and classification of policies, and enhance the pertinence and effectiveness of emergency response. In accordance with the principle of combining peace and war, improve the emergency response procedures and coordination and linkage mechanisms for various emergencies. Carry out emergency drills on a regular basis, and focus on improving the ability to prevent emergencies in accordance with the law, to deal with them in advance, and to respond quickly. Strengthen emergency information disclosure and crisis communication, and improve public opinion response mechanisms. In accordance with the law, we will severely crack down on the use of emergencies to drive up prices, hoard, spread rumors, and make and sell fakes that disrupt social order. Strengthen the education and training of laws and regulations on emergency response and enhance the awareness of the rule of law in emergency response.

(19) Guide and standardize the participation of grassroots organizations and social forces in emergency response. Improve the emergency response organization system of towns (sub-districts) and villages (communities), and encourage villages (communities) to participate in the prevention and response to emergencies in accordance with the law. Clarify the legal status and rights and obligations of social organizations, charitable organizations, social workers, and volunteers in responding to emergencies, and improve incentive and guarantee measures. Complete systems for the filing and registration of social emergency forces, invocation compensation, and insurance protection.

7. Improve the administrative prevention, mediation and resolution system for social conflicts and disputes, and continuously promote social fairness and justice

Persist in resolving contradictions and disputes in the bud and at the grassroots level, strive to realize that the rights and interests of the people are treated fairly and their dignity is due respect, and promote the improvement of the multiple prevention and mediation of social conflicts and disputes such as petitions, mediation, arbitration, administrative rulings, administrative reconsiderations, and litigation Resolve the comprehensive mechanism.

(20) Strengthen administrative mediation work. Strengthen the administrative mediation of consumer rights protection, traffic damage compensation, public security management, environmental pollution, social security, housing and land expropriation, intellectual property rights and other aspects in accordance with the law, and promptly and properly promote the resolution of conflicts and disputes. All functional departments should standardize the scope and procedures of administrative mediation, organize education and training, and improve the level of administrative mediation work. Adhere to the "three adjustments" linkage, and promote the effective connection of administrative mediation, people's mediation, and judicial mediation.

(21) Advance administrative adjudication work in an orderly manner. Give full play to the role of the "trigger valve" of administrative adjudication in resolving civil disputes, and establish an adjudication mechanism with a sound system, unobstructed channels, fairness and convenience, and the convergence of adjudication and litigation. Promote the notification system of administrative adjudication rights, standardize administrative adjudication procedures, and promote relevant administrative agencies to effectively perform administrative adjudication duties. Comprehensively sort out administrative adjudication matters, clarify the application scope of administrative adjudication, and steadily advance the pilot reform of administrative adjudication. Strengthen case guidance and business training to improve administrative adjudication capabilities. Study and promote the establishment of a legal system for administrative adjudication.

(22) 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, integrate local administrative reconsideration responsibilities, and rationally allocate staffing resources in accordance with the principles of matching of affairs, optimization and economy, and adjustment on demand, and basically form a fair, authoritative, unified and efficient administrative reconsideration system by the end of 2022. Comprehensively promote the standardization, specialization, and informatization of administrative reconsideration, and continuously improve the quality and efficiency of case handling. Improve and optimize the administrative reconsideration trial mechanism. Governments at and above the county level establish administrative reconsideration committees to provide advisory opinions on major, difficult, and complex cases. Establish an administrative reconsideration decision letter, administrative reconsideration opinion letter, and proposal implementation supervision mechanism, and realize the organic combination of individual supervision and correction of error and forced administration according to law. Fully implement the online disclosure system of administrative reconsideration decisions.

(23) Strengthen and standardize administrative response work. Conscientiously implement the system for the person in charge of the administrative agency to appear in court. Improve the substantive resolution mechanism of administrative disputes and promote the governance of the source of litigation. Support the courts in accepting and hearing administrative cases in accordance with the law, and earnestly fulfilling effective judgments. Support the procuratorates to carry out administrative litigation supervision and administrative public interest litigation, and actively perform their duties or correct illegal acts. Earnestly do a good job in the implementation and feedback of judicial recommendations and procuratorial recommendations.

8. Improve the administrative power restriction and supervision system, and promote the standardized and transparent operation of administrative power

Insist that power must have responsibilities, responsibilities must be undertaken, and failures must be held accountable, and strive to achieve mutual restriction and coordination between administrative decision-making, execution, organization, and supervision, and ensure full coverage and seamlessness of administrative power restriction and supervision, so that the party and the The power conferred by the people is always used for the happiness of the people.

(Twenty-four) form a combined force of supervision. Insist on incorporating the administrative power restriction and supervision system into the overall planning of the party and state supervision system, and highlight the dominant position of supervision within the party. Promote the organic integration and mutual coordination of internal party supervision and supervision by the people's congress, democratic supervision, administrative supervision, judicial supervision, mass supervision, and public opinion supervision. Actively play the role of audit supervision, financial and accounting supervision, statistical supervision, law enforcement supervision, and administrative reconsideration. Consciously accept the supervision of discipline inspection and supervision organs, strictly pursue legal responsibilities for violations of the law by public officials of administrative organs, and impose sanctions in accordance with regulations and laws.

Adhere to the combination of strict management and love, and equal emphasis on incentives and constraints, so as to achieve serious accountability, standardized accountability, precise accountability, and prudent accountability in accordance with regulations, disciplines and laws. It is necessary to prevent weak accountability and generalization of accountability. simplify. Implement the requirements of "three divisions", establish and improve the incentive and protection mechanism for responsible actions, earnestly mobilize the enthusiasm of government staff at all levels, especially at the grassroots level, and fully support the actions and entrepreneurship from the ground up.

(25) Strengthen and standardize government supervision work. Governments at or above the county level organize and carry out government inspections in accordance with the law, focusing on the implementation of major decisions and deployments of the Party Central Committee and the State Council, the implementation of important deployments of higher-level and corresponding governments, the implementation of statutory duties of inspection targets, and the departments and subordinates of the corresponding government The government’s administrative efficiency is to carry out supervision and inspection, to ensure the smooth flow of government orders, to supervise and urge the improvement of administrative efficiency, to promote the construction of a clean government, and to improve the administrative supervision system. Actively give play to the incentive and spur role of government supervision, insist on both rewards and punishments, increase praise and policy incentives for those with obvious results, and take serious accountability for inaction and chaos in accordance with laws and regulations. Further clarify the responsibilities, institutions, procedures, and responsibilities of government inspections, and enhance the scientific, pertinent, and effective nature of government inspections.

(26) Strengthen the restriction and supervision of administrative law enforcement. Strengthen administrative law enforcement supervision mechanism and capacity building, give full play to the role of administrative law enforcement supervision in coordination, standardization, supervision and guidance, and basically establish a relatively complete administrative law enforcement coordination and supervision work system covering all provinces, cities, counties and townships by the end of 2024. Fully implement administrative law enforcement responsibilities, and strictly follow the list of powers and responsibilities to decompose law enforcement powers and determine law enforcement responsibilities. Strengthen and improve the management and review of administrative law enforcement case files, the handling of complaints and reports by administrative law enforcement agencies, and the assessment and evaluation of administrative law enforcement. Vigorously rectify prominent problems such as inaction in administrative law enforcement in key areas, inadequate law enforcement, non-standard, uncivilized and opaque law enforcement, etc., and carry out special administrative law enforcement supervision actions centered on the deployment of central tasks. It is strictly forbidden to issue or disguise the issuance of fines and confiscation targets, and it is strictly forbidden to directly or disguisely link the fines and confiscation income with the assessment and evaluation of the administrative agency and its staff that made the administrative penalty. Establish and implement an administrative law enforcement supervisor system.

(27) Fully proactively implement open government affairs. Adhere to openness as the normal, non-openness as the exception, and use the government to be more open and transparent to win more understanding, trust, and support from the people. Vigorously promote the disclosure of decision-making, execution, management, services and results, and ensure that all legally proactive disclosure contents are in place. Strengthen the institutionalization, standardization, and informatization of openness, and improve the ability and level of open government affairs. Comprehensively improve the quality of the processing of government information disclosure applications, and protect the people's reasonable information needs in accordance with the law. Encourage the development of thematic activities such as government open days and network inquiries to enhance interaction with the public. Accelerate the establishment of an information disclosure system for public enterprises and institutions with Chinese characteristics.

(28) Accelerate the construction of credibility in government affairs. Improve the government's mechanism for keeping promises. Establish a monitoring and governance mechanism for government integrity, establish and complete a record system for untrustworthy government affairs, and incorporate untrustworthy information such as breach of contract, default on accounts, and refusal to perform judicial judgments into the national credit information sharing platform and make it public. Establish and improve the accountability system for government dishonesty, increase punishment for dishonesty, and focus on the governance of government dishonesty behaviors in areas such as debt financing, government procurement, bidding and bidding, and investment promotion.

IX. Improve the construction of a scientific and technological guarantee system for a government under the rule of law, and build a digital government under the rule of law in an all-round way

Adhere to the use of the Internet, big data, artificial intelligence and other technical means to promote law-based administration, strive to achieve the in-depth integration of government governance informatization and rule of law, optimize and reform government governance processes and methods, and vigorously improve the digital level of legal government construction.

(29) Accelerate the construction of information platform. All provinces (autonomous regions and municipalities directly under the Central Government) shall coordinate the establishment of an interconnected and coordinated government service platform at all levels of the cost area to achieve full coverage of online government affairs from provinces (autonomous regions and municipalities) to villages (communities). Accelerate the extension of government services to the mobile terminal, and realize more “hand-held operations” of government services. Promote the construction of new smart cities by classification and classification, and promote the transformation and upgrading of urban governance. Strengthen the overall planning for the construction of government information platforms, optimize the integration of various data and network platforms, and prevent duplication of construction.

Establish a unified public inquiry platform for regulations and administrative normative documents, and realize the unified public inquiry of current effective administrative regulations, departmental rules, and administrative normative documents of the State Council and its departments before the end of 2022; all provinces (autonomous regions, municipalities) will be realized before the end of 2023 The current effective local laws and regulations, rules, and administrative normative documents in the region are uniformly publicly searched.

(30) Accelerate the orderly sharing of government affairs data. Establish and improve the government data sharing and coordination mechanism, further clarify the rights and responsibilities of all parties involved in the provision, use, and management of government data, promote data sharing and business collaboration, form a working mechanism for efficient operation, build a national integrated government big data system, and strengthen The government information system is optimized and integrated. Accelerate the unified identification and use of identity authentication, electronic seals, and electronic certificates, and optimize government service procedures. Strengthen the analysis, mining, processing and application of big data, and be good at using big data to assist administrative decision-making, administrative legislation, and administrative law enforcement. Establish and improve systems and rules for administrative management using the Internet, big data, artificial intelligence and other technological means. While protecting national security, business secrets, privacy of natural persons, and personal information in accordance with the law, we will promote the open sharing of data between the government and public service agencies, and give priority to promoting the orderly opening of government data in areas such as people’s livelihood protection, public services, and market supervision.

(Thirty-one) Deepen the promotion of "Internet +" supervision and law enforcement. Strengthen the construction of the national "Internet + supervision" system, and realize the integration and aggregation of all aspects of supervision platform data by the end of 2022. Actively promote smart law enforcement and strengthen the configuration and application of information technology and equipment. Implementation of administrative law enforcement APP handheld law enforcement. Explore the implementation of off-site supervision characterized by remote supervision, mobile supervision, and early warning and prevention and control, and solve the problem of fewer people and more tasks. Speed ​​up the construction of a national administrative law enforcement comprehensive management and supervision information system, integrate law enforcement basic data, law enforcement procedure circulation, law enforcement information disclosure, etc., and establish a national administrative law enforcement database.

10. Strengthen the leadership of the party and improve the mechanism for promoting the construction of a government under the rule of law

The leadership of the party is the fundamental guarantee for comprehensively governing the country according to law and building a government under the rule of law. It is necessary to insist that the party take over the overall situation, coordinate with all parties, give play to the leadership role of party committees at all levels, and put the construction of a government under the rule of law in a more prominent position in the overall work.

(32) Strengthen the party's leadership over the construction of a government under the rule of law. Party committees and governments at all levels should thoroughly study and understand Xi Jinping’s thoughts on the rule of law, and implement Xi Jinping’s thoughts on the rule of law into the whole process and all aspects of building a government under the rule of law. Party committees at all levels must earnestly perform their leadership responsibilities in advancing the rule of law construction, arrange to listen to relevant work reports, and promptly study and resolve major issues affecting the construction of a rule of law government. Governments at all levels should, under the unified leadership of the party committee, perform 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 major issues in the construction of the rule of law government. The main persons in charge of governments at all levels and their departments must earnestly perform the duties of the first responsible person for advancing the construction of the rule of law government in their respective regions and departments, and carry out regular deployment as an important task, and do a good job. The legal construction deliberative and coordinating agencies of the party committees in all regions and their offices should strengthen the coordination, supervision and promotion of the construction of the rule of law government.

(Thirty-three) Improve the mechanism for promoting the construction of a government under the rule of law. Deepen the supervision of the construction of a government under the rule of law, and achieve full coverage of the supervision of local governments at all levels by 2025. We will do a good job in the demonstration and creation activities of the rule of law government, in order to promote the promotion and development by demonstration, and continuously stimulate the endogenous driving force for the construction of the rule of law government. Strictly implement the annual report system for the construction of a government under the rule of law, and disclose it to the public on time. Establish and improve a system of indicators for government construction under the rule of law, and strengthen indicator guidance. Intensify the evaluation, increase the weight of evaluation, and regard the administration according to law as an important content of the comprehensive performance evaluation of local governments, government departments and their leading cadres.

(34) Comprehensively strengthen the construction of administrative capacity according to law. Encourage the responsible persons of the administrative organs to take the lead in complying with the constitution and laws, and establish a list of laws and regulations that the staff of the administrative organs should be aware of. Persist in taking the Civil Code as an important benchmark for administrative decision-making, administrative management, and administrative supervision, and must not arbitrarily make decisions that detract from the lawful rights and interests of citizens, legal persons, and other organizations or increase their obligations in violation of laws and regulations. Improve the law-learning and usage mechanism for leading cadres. Various departments of the State Council carry out special training on the rule of law in their own departments and systems according to their functions. Local governments at or above the county level are responsible for the special training on the rule of law for leading cadres in their respective regions. Local government leaders at all levels should hold more than two sessions a year Lectures on the rule of law. The person in charge of the department responsible for the administrative law enforcement function of the city and county government shall receive at least one off-the-job training on the rule of law during the term of office. Strengthen the construction of legal institutions of various departments and city and county governments, optimize the functional positioning of grass-roots judicial offices, and ensure that the strength of personnel and funds are compatible with their duties and tasks. Incorporate rule of law education into the mandatory content of initial training and job training for government staff at all levels. Units and individuals that have made outstanding contributions to the construction of a government under the rule of law will be commended and rewarded in accordance with regulations.

Strengthen the construction of government legislative capacity, organize special trainings in a planned way, and do a good job in training and reserve of government legislative talents. Strengthen the professionalization of administrative law enforcement teams, and on the basis of completing political theory education and party spirit education, ensure that each person receives no less than 60 hours of training in business knowledge and laws and regulations each year. Strengthen the professionalization of administrative reconsideration work teams and improve management methods. Strengthen the construction of administrative reconsideration capabilities and formulate administrative reconsideration practices. Strengthen the construction of legal consultants and public lawyers, and improve the ability of legal consultants and public lawyers to participate in major decision-making. Strengthen the construction of administrative adjudication work teams.

(35) Strengthen theoretical research and public opinion propaganda. Strengthen theoretical research on socialist government with Chinese characteristics under the rule of law. Encourage and promote the establishment of a rule of law government in higher law schools to build high-end think tanks and research and education bases. Establish a legal government construction evaluation expert database to enhance the professional level of evaluation. Intensify the publicity of the achievements in the construction of the rule of law government, and spread the strong voice of the era of the construction of the rule of law in the Chinese government.

All regions and departments must fully and accurately implement the spirit and requirements of this outline, consolidate responsibilities, pay close attention to implementation, and refrain from formalism and bureaucracy. The Central Government’s Office of Governing the State According to Law must supervise and urge implementation to ensure that all tasks and measures of the outline are implemented.