Experiences of the “Fifth Five-Year Plan” legal popularization in the Industrial and Commercial Bureau

Since 2006, the xx Industrial and Commercial Bureau has followed the instructions of the State Committee, State People’s Congress, State Government and Provincial Industrial and Commercial Bureau on the “Fifth Five-Year Plan” legal popularization. The overall requirements and arrangements are based on the State Council's "Implementation Outline for Comprehensively Promoting Administration according to Law". Taking the construction of "rule of law for industry and commerce" and the "three systems" of administrative law enforcement as the carrier, and adhering to the principle of "unified management, hierarchical implementation, and combination of sections", the "Fifth Five-Year Plan" law popularization work will be solidly and orderly promoted throughout the system. The legal administrative capabilities and levels of law enforcement personnel have been significantly improved, the state's system's ability to manage according to law and serve society has been continuously improved, and the legal awareness and legal quality of service management objects have also generally increased, showing a good attitude towards learning, abiding, using and protecting the law. Atmosphere. In comparison with the "Implementation Plan for the Inspection and Acceptance of the Law-based Governance of the Prefecture during the xx "Fifth Five-Year Plan" and the "Eleventh Five-Year Plan" Period, our bureau carefully made a summary. We will now summarize the situation and report it as follows:

As an important functional department of the government for market supervision and law enforcement, with enhanced powers and responsibilities, higher requirements have been placed on our ability to administer according to law. From the overall perspective of implementing the strategy of governing the country according to law, implementing the spirit of the 17th National Congress of the Communist Party of China and the "11th Five-Year Plan", the work of legal popularization has been incorporated into the work rules of this bureau.

First, improve the organization. We have established a leading group for the "Fifth Five-Year Plan" legal popularization work based on the actual situation of the entire state system. The secretary of the party group and the director of the bureau are the team leaders. Other members of the bureau leadership team and the heads of each department (branch) are members of the leading group. The office is located in the Law and Regulations Department. In accordance with the requirements of the state bureau, each county and city bureau has set up separate legal institutions to ensure relative stability of personnel. At present, the state system has 15 full-time staff, distributed in state bureaus, county and city bureaus, and one legal clerk at the grassroots branch (office). A legal popularization work pattern has been formed in which the top leaders of the state, county and city bureaus personally take charge, the legal department takes the lead in organizing, each department and branch bureau implements the implementation in detail, and the legal officers and legal liaison officers of the grassroots branch bureaus (institutes) actively participate, which provides organizational guarantee for the legal popularization work. .

The second is leadership’s attention. The leaders of the state bureau attach great importance to the "Fifth Five-Year Plan" legal popularization work and include legal popularization and law-based governance in the state as an important agenda. Over the past five years, the leadership team has insisted on central group learning and regularly requires each member to write study papers based on actual practice, so as to study regularly, take notes, and write down their experiences. The leadership team believes that the effect of legal popularization work should be reflected in daily administrative law enforcement work; it is necessary to further improve legal awareness, enhance legal concepts, standardize law enforcement behavior through law learning, and truly apply the learned legal knowledge to governing the state according to law. Only in work can you get the effect of applying what you have learned. At the same time, it requires all levels to integrate legal popularization work into all business work, emphasizing that words must be true to the law and deeds must be applied, and the newly promulgated laws and regulations must be studied and tested one by one, so as to make the concept of the rule of law Gradually integrate it into daily behavioral norms. In order to effectively ensure that the funds for legal popularization are fully implemented, our bureau has included them in the annual working budget of the bureau, so that special funds can be used exclusively to ensure the smooth progress of various legal popularization activities.

The third is to implement the plan. In accordance with the "Fifth Five-Year Plan" legal popularization work requirements of the Legal Popularization Office and the Provincial Administration for Industry and Commerce, and combined with the actual situation of the bureau, the State Bureau issued the "Fifth Five-Year Plan for Legal Publicity and Education of the State-wide Industrial and Commercial Administration System" and formulated the key points of legal popularization work year by year. Promote legal popularization work and make arrangements every year to ensure that there is a plan at the beginning of the year, an inspection in the middle of the year, and a summary at the end of the year, and work is carried out strictly in accordance with the plan. Leaders at all levels go deep into the grassroots, must listen to the "law" situation, check the effectiveness of the "law", and talk about the "law" issues, strengthen supervision and inspection, and ensure the implementation of the plan. At the same time, strengthen supervision and inspection of legal popularization work, link legal popularization work with performance evaluation work, clarify phased tasks and requirements, formulate assessment indicators, improve evaluation mechanisms, use the implementation of legal popularization work as the basis for the selection and appointment of cadres, and promote legal popularization work Carry out in depth.

While retaining traditional legal popularization methods and forms, our bureau actively adapts to new changes and new requirements in social development, and constantly innovates the forms and methods of legal popularization education to make legal education closer to the masses and life. More targeted and effective. Since 2006, the Global *** has held 58 training sessions of various types at all levels, with 3,581 participants. The state-wide system has used "3.15", "12.4" and other publicity weeks and anniversaries to promote laws and regulations more than 120 times, reaching an audience of more than 100,000 people (times).

The first is to strengthen industrial and commercial cadres’ own learning and usage.

Our bureau has incorporated the study of legal knowledge into the study plan of the theoretical center study group of the party group, insisted on combining the study of the central group with self-study, and achieved final accounting, administration and management in accordance with the law. Vigorously carry out "one law and one exam per month", case-based law learning, on-the-job law learning, etc., and strive to improve the legal quality and professional level of the team. A pre-appointment legal examination system will be implemented for newly appointed leading cadres above the middle level, and those who fail the examination will not be allowed to hold office. Adhere to the system of taking exams for every training, and load the exam results into personal files as the assessment basis for personal appointment, grading, promotion, job transfer and one of the annual target assessment contents of the unit. Currently, all 1,048 civil servants in our bureau are registered Obtained law enforcement qualification certificate. Organize professional knowledge competitions to improve the ability and consciousness of all law enforcement personnel to learn, understand and use the law. In May 2009, in order to adapt to the new situation of the suspension of "two fees", the state bureau organized and carried out a system-wide "training course for branch (bureau) directors and law enforcement backbones". When the Laifeng County Industry and Commerce Bureau selects fair trade law enforcement officers, it asks the state Industry and Commerce Bureau to conduct a unified examination and select the best. The Badong County Industrial and Commercial Bureau has widely promoted "clear laws and regulations" within the system, and adheres to the requirements of "what to do, what to practice, what to lack, what to make up, what to use, what to master", and insists on full training, comprehensive training, on-the-job training and Scientific training enables the majority of industrial and commercial cadres and workers to fully master the main contents of the most basic and commonly used industrial and commercial laws, regulations and policies, memorize them by heart and apply them skillfully, and comprehensively improve the overall quality and execution ability of the industrial and commercial team.

The second is to make full use of publicity weeks and anniversaries such as "3.15" and "12.4" to promote laws and regulations. During the "Fifth Five-Year Plan" law popularization period, our bureau held a massive 3.15 publicity and commemoration event across the state for five consecutive years with the themes of "Consumption and Environment", "Consumption Harmony", and "Consumption and Responsibility". By distributing promotional materials, Set up a legal consultation desk, accept consumer complaints on-site, impart knowledge on identifying genuine and fake goods, and provide voluntary services to promote industrial and commercial laws and regulations and legal knowledge on consumer rights protection, and solve problems for consumers. On March 14, 2007, our bureau invested 80,000 yuan to hold the "3.15" party. Leaders from the four prefecture leaders came to the scene and achieved good publicity results. Every year on the eve of "March 15", typical consumer infringement cases are published in local newspapers. By exposing typical cases, it can effectively deter illegal operators, improve the awareness of law-abiding operations among operators, and enhance the self-protection awareness of consumers.

The third is to vigorously carry out the "Six Advances in Law" publicity and education activities. The industrial and commercial system across the state carries out activities to bring laws to rural areas, enterprises, villages, communities and schools through various forms. We will conduct on-site inspections of enterprises and hold special lectures in the area to promote legal topics such as the Company Law, Contract Law, and Anti-Unfair Competition Law to the legal representatives, responsible persons, and private business owners. In 5 years***, 205 tutoring classes were held, and the publicity reached more than 15,000 people. The Jianshi County Industrial and Commercial Bureau allocated special personnel and squeezed out nearly 40,000 yuan to purchase projection equipment and set up a projection team to go deep into rural areas or directly to the fields to promote legal knowledge. It also set up a legal consultation service desk and a complaint desk to accept legal consultation and consumption. Respond to complaints from farmers, distribute promotional materials, and publicize industrial and commercial administrative laws and regulations related to farmers' vital interests. In daily work, our bureau adopts the "three simultaneous" legal popularization method to carry out legal popularization work for the majority of operators, that is, synchronizing with registration, explaining the laws and regulations related to enterprise registration to applicants when operators handle registration, and doing Good reminder education; synchronize with inspection and supervision, explain to operators legal knowledge on ensuring product quality, food safety, trademark registration and use, abide by contracts and respect credit, etc. during market inspections, and provide guidance and education; synchronize with administrative penalties, When investigating and punishing illegal actors, explain to them the facts of the violation and the reasons and basis for the punishment, and provide warning education so that operators can promptly understand the laws and regulations that need to be observed in the production and operation process, so as to avoid operators from not understanding the law. The phenomenon of taking detours has improved operators' awareness of law-abiding operations, established the concept of safeguarding rights in accordance with the law, and provided a solid legal basis for the sound and rapid development of enterprises. In the process of warmly receiving each visitor and patiently answering the policy regulations, we have carried out targeted publicity of laws and regulations. According to incomplete statistics, in the past five years, more than 8,000 letters and visitors have been publicized.

Legal popularization work is a long-term social system project with a long way to go. The state's industrial and commercial system links the "Fifth Five-Year Plan" legal popularization with the implementation of the "three systems" of administrative law enforcement and the construction of "law-based industry and commerce". In combination, we must carefully manage the three links of "responsibility determination, assessment, and accountability" to actively promote the improvement of cadres' capabilities, management level, and work efficiency.

First, the entire chapter regulates administrative behavior. To ensure administration according to law, system construction is the key. In the past few years, our bureau has successively issued the "Interim Regulations on the Management of Case-Involved Property of the xx Industrial and Commercial Administration Bureau", "Procedural Regulations on Administrative Guidance of the xx Industrial and Commercial Administration Bureau", and "Legal Advisor Management of the xx Industrial and Commercial Administration Bureau" in accordance with the requirements of superiors in accordance with the law and in combination with the actual work of the bureau. System", "Measures for the Formulation and Management of Normative Documents of the xx Industry and Commerce Bureau", "Regular Cleanup System of Normative Documents of the xx Industry and Commerce System" and a series of normative documents regulating administrative behavior, involving administrative penalties, administrative licensing, administrative collection, and administrative coercion In other aspects, through the establishment of rules and regulations and strict implementation, our bureau's administrative level according to law has been greatly improved, and administrative behaviors have been continuously standardized. Under the guidance of the Government's Legal Affairs Office, *** sorted out 136 laws, regulations, and rules as the basis for law enforcement, and 242 administrative law enforcement items.

The second is to strengthen supervision and implementation of law enforcement responsibilities. Our bureau has established and improved the administrative law enforcement responsibility system, stipulated that administrative law enforcement cases should implement a collective collegial system and a sponsor responsibility system, and established a case review committee; the sponsor exercises the power of investigation and evidence collection in accordance with the law and puts forward case handling opinions, and is the first person responsible for the case; Grassroots legal officers are responsible for the preliminary review of cases in their units; the legal department is the internal legal supervision and case review agency, responsible for comprehensive review and control of administrative law enforcement cases. While strengthening internal supervision and control, our bureau also accepts social supervision through establishing a case return visit system, hiring industry evaluation representatives, integrity supervisors, and smoothing the complaint and reporting network.

The third is to pioneer and innovate to promote administration according to law. Innovation is the driving force and inexhaustible source of promoting administrative work according to law. Our bureau pays attention to the innovation of systems, mechanisms and measures in the process of carrying out administrative work according to law, and continuously promotes administrative work according to law. In terms of administrative law enforcement, our bureau has implemented the case collegial system and the case trial committee system to conduct collective research and decisions on major and difficult cases, improve the transparency of case investigation and handling, standardize administrative law enforcement behavior, and promote reasoning-based punishment documents, requiring that the documents must include Clarify the scope and basis of the penalty and explain in detail the reasons for adopting or not adopting the opinions stated by the parties, giving the parties more rights to know, so as to achieve the purpose of administrative punishment of knowing, understanding, and knowing the law. The Xuanen County Industrial and Commercial Bureau implements a collective discussion system for major cases to ensure the fairness and justice of administrative penalties. The Xianfeng County Industrial and Commercial Bureau implements a consultation system for complex registration matters to ensure the standardization of registration work.

(1) The achievements of the “Fifth Five-Year Plan” legal popularization. Popularizing the law is a means, and building a legal society is our ultimate goal. Through the education and publicity work of the Fifth Five-Year Plan for Law Popularization, the image of our bureau's department of law-based administration has been initially formed.

First, the administration according to law is powerful and the results are not satisfactory. First, administration in accordance with the law has intensified the investigation and handling of economic cases. In the past five years, the *** has handled 8,070 economic cases of various types (as of the end of 2009), with fines and confiscations of 34.13 million yuan. The cases handled must have clear facts, conclusive evidence, appropriate handling, legal procedures, and standardized documents. Second, more than 1 million yuan was invested to improve the network facilities of the "12315" consumer complaint reporting (command) center. The "12315" complaint and reporting command center provides 24-hour service so that consumers' complaints, disputes and damages can be resolved in a timely manner and their legitimate rights and interests are protected. Third, the creation and selection activities of "Trustworthy Enterprises" and "Consumer Satisfactory Products", "Contract-abiding and Creditworthy Enterprises", and "Rural Food Safety Demonstration Stores" were widely carried out.

Second, the effect of administration according to law is remarkable. Through solid and effective work measures, our bureau’s legal popularization work has been recognized by superiors many times. In the past five years, the xx industrial and commercial system has been commended 32 times by the provincial bureau, provincial, state and county people's governments. Among them, 4 have been commended by state committees and governments, and 28 have been commended by county and city party committees and governments. 57 civilized creation entities in the system have been inspected and accepted by civilization offices at all levels, and 51 units have been officially named by party committees at all levels. Laifeng County Bureau, Xuanen County Bureau, Badong County Bureau, Jianshi County Bureau, etc. were regarded by the local government as demonstration sites for the "Two Improvements, Two Satisfaction" activities; the state industrial and commercial bureau's government affairs disclosure work was commended as an advanced unit by the provincial government.

(2) Shortcomings in the “Fifth Five-Year Plan” law popularization and next steps.

By carrying out the "Fifth Five-Year Plan" law popularization and law-based governance work, the team building and spiritual civilization construction of our bureau have been promoted, the level of administrative work according to law has been improved, and all work of our bureau has been pushed to a new level. While achieving results, we are also clearly aware of the weaknesses and shortcomings in the legal popularization work across the state system, and there is still a gap between the requirements of our superiors. Specifically, it is reflected in the following: the publicity and education of legal popularization is not deep enough, not broad enough, and the form is relatively simple, and there is an imbalance in the audience of legal popularization; the legal popularization and the work of governance according to the law are not closely integrated enough, and the effectiveness of the popularization of the law has not been fully transformed into the practice of governance according to the law; The legal popularization work system and measures are not perfect enough, which affects the actual effect of legal popularization. In the next step, we will take the following measures to improve the existing problems and deficiencies based on careful summary:

First, improve the overall quality of the law enforcement team and further enhance the ability to govern according to law. The first is to increase education and training so that our state’s industrial and commercial cadres can master industrial and commercial laws and regulations, and understand legal provisions from the perspective of legislative purposes and legal spirit, so as to achieve comprehensive understanding. Secondly, we need to innovate learning methods, including inviting legal experts to give lectures, organizing excellent case handling experts, high-quality case selection, typical case analysis and exchange meetings, legal knowledge competitions, etc. to improve the effectiveness of education and training. Thirdly, actively organize and carry out work seminars with public security, courts, quality inspection and other systems to explore new ways to enhance law enforcement and case-handling skills.

The second is to increase the publicity of the legal system in industrial and commercial administration and further optimize the legal governance environment. Continue to adopt a variety of forms, such as legal and regulatory consultation, training, and the establishment of a team of voluntary legal propagandists, to carry out the "Six Advances in Law" activities to enable all sectors of society and the general public to know, understand, and support the law enforcement work of industrial and commercial administration. Give full play to the publicity role of various news media, establish a regular contact mechanism with news propaganda agencies, invite news units to follow up and report on special law enforcement actions, and promptly expose major cases to publicize the effectiveness of industrial and commercial law enforcement and create a good environment for the administrative law enforcement of industrial and commercial organs. social environment. Extensively use mass media such as television and newspapers to publicize industrial and commercial laws and regulations around hot social issues. Improve consumers' awareness of rights protection and operators' awareness of law-abiding operations, and create a good social public opinion atmosphere and a soft environment for law enforcement.

The third is to improve administrative law enforcement and law enforcement supervision mechanisms to further improve the level of law-based governance. Continue to establish and improve rules and regulations, innovate and improve case handling mechanisms, and constrain and standardize law enforcement behavior. Strengthen the internal and external supervision of administrative law enforcement throughout the entire process, improve the administrative law enforcement quality evaluation system, implement the administrative law enforcement responsibility system, and ensure that the market supervision and administrative law enforcement functions of industrial and commercial authorities are in place.

The fourth is to strengthen departmental coordination and further enhance the synergy of governance according to law. Actively report work to governments at all levels, people's congresses, CPPCC and superior authorities to strive for understanding and support; establish communication and cooperation mechanisms with relevant departments such as public security, procuratorates, court administrative tribunals, and enforcement tribunals to strengthen law enforcement and case handling; cooperate with quality inspection , culture, price and other law enforcement departments have established long-term liaison mechanisms for special work, exchange regulatory information, integrate law enforcement forces, and jointly carry out special law enforcement actions to form a joint force for law-based governance.