Problem description:
Cases and analysis
Analysis:
Send two of my homework, I wonder if it will help you.
1. Give examples of administrative and legal problems you have encountered or solved.
A: There is a new residential area, Zixi Garden, in the north of our city. The multi-storey houses sold in the early stage were developed by Xindu Real Estate Company. The southernmost row of multi-storey houses was advertised when they were sold, and there was a villa area with a large area of green landscape in front, so the price per square meter was more expensive than that of the same level houses in the back row 180 yuan. Later, these owners found that due to urban control of villa construction and other reasons, the planning ahead changed and the city investment group developed high-rise buildings. Owners began to demand at least double the landscape fee, because they would not buy a house without a landscape; Because the distance, lighting and other parameters meet the national regulations and the examination and approval procedures are complete, the city investment group does not agree to compensation; Xindu Real Estate thinks it is force majeure, and they can't change their plans. After several negotiations, the developer agreed to per square meter 140 yuan, which is far from the owner's requirements, and * * * is still going on. At the same time, I found relevant cases for reference:
Cause of action: The newly-built business building is only two meters away from Li's residence, which does not conform to the specifications, and the planning permit of the business building is required to be revoked.
Judgment: Planning permission is illegal, and Fengxian (current district) Planning Bureau should take remedial measures for residents.
Li Ronghai, Fengxian County, Shanghai purchased two sets of commercial houses in Pujiang Garden, which were delivered by the real estate agent in May. 1999. But when they moved in in 2000, a two-story business building was built next to it. The business building is vertical to the residential building, and the nearest distance between the two buildings is only two meters. Li Ronghai bought houses on the first floor and the second floor respectively. Looking out from the window on the west side of their home, the bathroom and kitchen are opposite, with range hoods, gas tanks and high-voltage lines. It is neither elegant nor safe, and the sunshine and ventilation are also affected, which makes the family feel very inconvenient. They learned that it was Fengxian Planning Bureau that gave the Director a planning permit in July 1999 to build this commercial building. "This spacing itself violates relevant regulations, which is definitely wrong", so Li Ronghai took Fengxian Planning Bureau to court.
In the first trial, Fengxian Planning Bureau argued that the two buildings were originally designed as "T-shaped vertical connection or embedded structure, but later, due to the consideration of the housing structure, they agreed to separate the two buildings and leave a gap of 2 meters as a construction access road, so they issued the Construction Project Planning Permit to the real estate agency. The court adopted the opinions of the Planning Bureau and rejected the Li Ronghai family's complaint. Li refused to accept the appeal and appealed to the Shanghai No.1 Intermediate People's Court.
In the second instance, the court held that the excuse of "construction access road" put forward by the Planning Bureau failed to provide corresponding legal basis, so it could not be adopted. According to the Technical Regulations of Shanghai Urban Planning Management, the vertical spacing and east-west spacing of residential buildings in suburban counties are not less than 0.8 times the height of high-rise buildings. The residential building where Li Ronghai is located has 6 floors, and the height of 0.8 times is obviously much larger than 2 meters. The planning bureau plans to allow the distance between two buildings to be only 2 meters, which is obviously illegal. 200 1 1, Shanghai No.1 Intermediate People's Court made a final judgment: the original judgment was revoked, confirming that the specific administrative act of the Planning Bureau in issuing planning permits was illegal, and the Planning Bureau should take corresponding remedial measures. The lawsuit of "people suing officials" ended in the defeat of the Planning Bureau.
Analysis: In recent years, disputes between residents, real estate developers and even planning bureaus caused by ventilation and lighting problems in residential buildings have been heard from time to time. This kind of litigation is connected with the basic civil rights and interests of surrounding residents and the major economic interests of real estate development units, and often falls into a dilemma in the trial. For example, in the above case, the commercial building has been completed, and according to the provisions of the Administrative Procedure Law, the planning permission is illegal and should be redone or revoked. Then, the entire commercial building will be demolished, and the loss can be imagined. And if you really make such a judgment, the possibility of actual implementation is also very small. The Supreme People's Court has made a number of judicial interpretations on the implementation of the Administrative Procedure Law, among which Article 58 stipulates that if the revocation of an illegal administrative act will cause great losses to the national or social public interests, it can be confirmed that the administrative act is illegal and ordered the sued administrative organ to take corresponding remedial measures. The judgment of this case is based on this judicial interpretation. This can not only guarantee the plaintiff's rights and interests, but also minimize the defendant's losses. Such a judgment also establishes that in dealing with illegal cases of construction project planning permission, a flexible judgment form of "confirming illegality and ordering remedy" can be adopted, which provides reference for the handling of such cases in the future. However, the judicial interpretation stipulates that the judgment mode of "confirming violation of law and ordering relief" is abstract in confirming rights, and it is still difficult for the winning party to obtain actual "relief".
Reflection: Fengxian's case has obvious merits, but as I said, intensive land use, controlling the construction of high-grade villas and increasing the supply of ordinary houses are the goals of the city to comply with the national macro-control policies. The spacing and lighting are in line with national regulations, so it's hard to say what's wrong; The owner can't even produce evidence to prove that the increase per square meter 180 yuan is used to ensure that the villa without sight is built in front, because this is only the verbal propaganda of the real estate developer when the property market is hot, and there is no obvious mark in the loushu and advertisement; It is precisely because of extenuating circumstances and unfounded laws that owners can only seek solutions by pulling slogans, obstructing construction, and constantly seeking solutions, which may lead to vicious incidents such as gathering people to make trouble. Such problems in urban planning and construction should be further regulated by law.
2/ Please talk about the problems, causes and countermeasures in the process of administrative management. Administrative management is the management of social affairs such as politics, economy, education, culture and health through administrative organs. Administrative management has the functions of decision-making, planning, organization, coordination and control. According to the tasks of China's administrative management at this stage, the functions of China's administrative management mainly include: organizing economic and cultural construction, defending the country and protecting the people, social services and social management.
Since the founding of the People's Republic of China, China has indeed made a lot of efforts and attempts in administrative reform, and has also accumulated some experience. The current administrative system does have some advantages. On the whole, however, China's current administrative management system is still far from perfect, and there are many serious drawbacks: from the perspective of power allocation, power is over-concentrated, the relationship between the central government and local governments, and the relationship between local enterprises and grassroots enterprises is not straightened out, which restricts the enthusiasm of local enterprises and enterprises. From the administrative organization point of view, the institutional setup and staffing are lack of scientific basis, unclear powers and responsibilities, multiple vertical management levels and overlapping horizontal management functions, resulting in bloated institutions, overlapping levels, bloated personnel and low efficiency. From the perspective of administrative legislation, the legal system is extremely incomplete, lacking a strong administrative mechanism according to law, and emphasizing the rule of man over the rule of law. Judging from the cadre personnel system, personnel management is not institutionalized and lacks strong legal supervision. Leading cadres can be promoted or not, and they are lifelong. These shortcomings in the current administrative management process have become serious obstacles to further deepening the reform of the economic system, developing social productive forces and giving full play to the superiority of socialism, and must be reformed.
In the practice of administrative management, all localities have made serious research and bold attempts on how to move towards the goal of scientificalness, legalization and modernization. For example, in the aspect of personnel system reform, establishing the normal withdrawal mechanism of leading cadres is an important metabolic function of cadre team construction and an essential requirement of cadre personnel system reform. In recent years, our city has made some attempts in promoting the rise and fall of cadres, establishing and improving the normal withdrawal of leading cadres, and has achieved some achievements, but also encountered some problems. The main problems existing in the normal withdrawal of leading cadres are:
1, the concept of thinking has not been fundamentally solved. Influenced by the traditional concept of "official standard", some cadres think that once they are demoted and removed from office, their future will be ruined, and no one wants to step down from their leadership positions unless absolutely necessary. In real life, the phenomenon of "not making mistakes and not getting out of the way" makes normal "junior" cadres feel lost and embarrassed after being adjusted. In particular, we publicize the "survival of the fittest" too much, which makes people feel that they are capable and mediocre, which has a negative effect on the establishment of the normal withdrawal mechanism of cadres. In addition, driven by interests, once some cadres are adjusted to their leadership positions, the relevant treatment is cancelled and the material income is reduced, which makes it more difficult for leading cadres to quit normally to some extent.
2. The standards are not scientific enough and the operability is not strong enough. Most cadres in the current office believe that the main factor affecting the establishment of a normal exit mechanism for leading cadres is that the standards are not scientific and accurate enough. At present, there are some principled standards for adjusting the identification of incompetent and incompetent serving cadres, but they are not very specific and lack maneuverability. Some problems in specific work are difficult to grasp.
3. The supporting systems and policies are not perfect, and the evaluation mechanism is not perfect. For a long time, all kinds of leading cadres at all levels have no specific and clear job responsibilities, so they can't take different assessment methods according to different requirements, and it is difficult to accurately evaluate cadres' competence. In particular, it is still difficult to clearly define the potential and obvious achievements of cadres, individual and collective achievements, historical achievements and realistic achievements. If the evaluation is not accurate, it will be difficult to convince incompetent leading cadres. In addition, the lag of relevant policies in adjusting the proper placement of cadres has also affected the normal withdrawal of cadres to some extent.
Countermeasures for establishing and perfecting the normal withdrawal mechanism of leading cadres;
1, intensify publicity and create a good atmosphere for public opinion. First, some regulations on the normal withdrawal of leading cadres, especially the standards and measures for adjusting incompetent and incompetent serving leading cadres, will be announced to the public through the news media, so that the broad masses of cadres and the masses can deepen their understanding of cadre promotion and demotion, especially incompetent and incompetent serving leading cadres, and correctly treat the adjustment of cadre promotion and demotion, thus forming a correct public opinion orientation. Second, starting with positive education, we should strengthen the sense of purpose and public servant of party member cadres, establish a correct outlook on life, right and wrong, honor and disgrace, make the promotion and demotion a dynamic concept of normal adjustment and change of cadres' positions, and treat individuals' entry and exit correctly. The third is to strengthen the education of cadres who have been demoted and exempted, do a good job in ideological work, make reasonable arrangements according to the actual situation, care for them in many ways, and encourage them to cheer up, improve their quality and work hard in their new posts.
2, improve the cadre assessment system, improve the evaluation mechanism. First, it is necessary to improve the post responsibility system, study and formulate scientific, unified and feasible post target responsibilities, and clarify the basis for cadre assessment. Second, it is necessary to strengthen the regular assessment of leading bodies and leading cadres, and the assessment should not be divorced from the objectives and practices of post responsibilities, so as to ensure that cadres are comprehensively assessed and accurately, objectively and fairly reflect the situation. Third, improve the assessment methods of cadres. Whether the method of assessing cadres is correct or not directly affects the quality of assessment, which is an important basis for determining whether cadres are competent or not. Therefore, on the basis of organizing inspection, the evaluation of cadres should strive to expand the degree of democracy, fully follow the mass line, improve the participation of the masses in the evaluation work, and effectively increase transparency. Fourth, it is necessary to further intensify the adjustment of incompetent and incompetent leading cadres and smooth the channels for cadres to "go up" and "go down". According to the principle of having both ability and political integrity, we should truly implement the requirements of "promotion" of cadres and ensure the "entrance" of leading cadres. Further improve the competition mechanism, let outstanding talents stand out in the competition, and let incompetent incumbents give way in the competition.
3. Improve supporting systems and policies to promote the normal withdrawal of leading cadres. First, further improve and perfect the tenure system of leadership positions. The second is to further establish and improve the cadre resignation system. The third is to implement the appointment system for leading cadres. The fourth is to further improve the probation period, pre-appointment publicity, economic responsibility audit, assessment feedback, on-the-job training, heart-to-heart talk encouragement and other systems, and do a good job in the connection of various systems.