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《行政诉讼法》、《国家赔偿法》、《行政处罚法》、《行政复议法》的相继颁布实施,极大地推动了依法行政工作的开展,更要求各级行政机关在实施行政管理中必须依法行政,依法行政工作任务也将越来越重。常州市各级行政机关积极探索依法行政新路子,取得了一定成效:一是各级政府逐步重视依法行政,行政机关工作人员特别是领导干部的法律意识和法制观念逐步增强。二是行政执法机构和队伍建设有所加强。三是行政执法部门的执法水平逐步提高。四是依法行政的外部环境逐步得到改善。一、依法行政工作中存在的问题及其原因分析(一)少数领导干部依法行政意识不强,对行政执法和执法监督工作仍缺乏足够重视。有些领导同志自己不懂法,又不带头学法,仍习惯于沿用过去的行政命令、行政手段等老的一套实施行政管理,包括管理涉法工作。有些地区或单位虽然建立了依法治理领导小组,但开展活动不正常,通过调查研究来针对本地区和本单位的特点,研究相关法律法规,找出解决问题的办法比较少。其原因主要是部分领导干部法制观念淡薄,对依法治国、建设社会主义法治国家基本方略的重要意义缺乏深刻认识。(二)执法队伍建设中仍存在不少问题。一是行政执法人员的专业水平偏低。据全市32个行政执法部门的调查统计分析,在4118名行政执法人员中,文化程度大专学历以上的占36.57%,其中本科学历的只占13.43%。而学法律专业的则更少,其中法律大专以上的占1.8%,法律本科以上的仅占0.51%。绝大多数行政执法人员都没有对法律作过系统学习与研究。二是行政执法人员综合素质亟待提高。有的地方把行政执法部门当作照顾关系、安置过渡的场所。不少地方仍采取借用、聘用人员执法。有的执法人员在执法中不依法办事,搞野蛮执法,随意执法,在群众中造成不良影响。三是执法队伍的职责、任务与自身力量不相协调。(三)执法部门之间的协调配合不力。由于部门之间的职责交叉、重叠、
The promulgation and implementation of the Administrative Procedure Law, the State Compensation Law, the Administrative Punishment Law and the Administrative Reconsideration Law have greatly promoted the implementation of the administration according to law, and even required the administrative organs at all levels to implement the administration According to the law, the task of administration according to law will also be more and more important. The administrative organs at all levels in Changzhou actively explored new ways of administering the country according to law and made some achievements. First, governments at all levels gradually placed emphasis on administration by law. The concept of legal awareness and legal system of administrative staff, especially leading cadres, was gradually strengthened. Second, the construction of administrative law-enforcement agencies and teams has been strengthened. Third, the administrative law enforcement departments gradually raise the level of law enforcement. Fourth, the external environment under the administration of law has been gradually improved. First, the problems existing in administration according to law and their causes (I) A small number of leading cadres do not have a strong sense of administration according to law, and they still lacks adequate attention to administrative law enforcement and law enforcement supervision. Some leading comrades themselves do not understand law and do not take the lead in learning the law. They are still accustomed to implementing the old administration of administrative orders and administrative means, including the administration of law-related work. Although some regions or units have set up the leading group according to law, their activities are not normal. According to the characteristics of their own regions and their own units through investigation and study, the relevant laws and regulations are investigated and the ways to solve the problems are seldom found out. The reason is mainly that some leading cadres have a weak legal concept and lack of profound understanding of the significance of basic principles of governing the country by law and building a socialist country under the rule of law. (B) Law enforcement team construction there are still many problems. First, the professional level of administrative law enforcement officers is low. According to the investigation and analysis of 32 administrative law enforcement departments in the city, among 4118 administrative law enforcement officials, 36.57% of them have a diploma of tertiary education or above, of which 13.43% have bachelor’s degree. The legal profession is less, of which 1.8% above the legal college, law and above only accounted for 0.51%. The vast majority of law enforcement officials have not systematically studied and studied the law. Second, the overall quality of administrative law enforcement officers urgently need to be improved. In some places, the administrative law enforcement departments are taken as the place to take care of the relations and settle the transition. In many places, we still borrow and hire people to enforce the law. Some law enforcement officers do not act in accordance with law in law enforcement, they engage in savage law enforcement and arbitrarily enforce the law, causing adverse effects among the people. Third, the law enforcement team responsibilities, tasks and their own incompatibility. (III) Poor coordination and coordination among law enforcement agencies. Due to the overlapping responsibilities between departments, overlap,