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Survival of the fittest, reverse elimination.
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Legal Analysis: The resistance to administrative reform is as follows:
1 Historical limitations determine the success or failure of administrative reform;
2. Restrictions and constraints on administrative reform by political factors;
3 Opposition from the administrative bureaucracy within the administrative system;
4 Hindrance by the forces of traditional conservative thought and custom;
5 The negative impact of cronyism and paternalism on administrative reform.
Administrative reform refers to the change of the administrative system with the change of the external ecological environment and the change of the internal components of the administrative system, consciously adjust and change its own structural functions and the behavior of administrative personnel, so that it can transform into a new form, in order to seek a dynamic balance between the administrative system and the environment, so as to achieve the behavior or process of administrative efficiency.
Legal basis: "Notice issued by the Communist Party of China" 1. The importance and urgency of deepening the reform of the administrative management system.
We have always attached great importance to the reform of the administrative management system. Since the reform and opening up, especially since the 16th National Congress of the Communist Party of China, we have continuously promoted the reform of the administrative management system and strengthened our own construction, and achieved remarkable results. After years of efforts, important steps have been taken in the transformation of functions, the basic role of the market in allocating resources has been significantly enhanced, and social management and public services have been strengthened; ** The organizational structure has been gradually optimized, and the structure of the civil service has been significantly improved; The level of scientific and democratic decision-making has been continuously improved, administration according to law has been steadily promoted, and administrative supervision has been further strengthened; The building of a clean and honest government and the anti-corruption work have been carried out in depth.
On the whole, China's administrative system basically meets the requirements of economic and social development, and has effectively guaranteed the development of reform, opening up, and socialist modernization.
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1) The reform of the administrative system is an important part of the reform of the political system and an important guarantee for the development of the social, political and economic development. The key to the reform of the administrative management system is to further promote the openness of government affairs, improve the supervision mechanism, accelerate the transformation of functions and institutional reform, and improve the efficiency and service level.
2) The pace of reform of China's administrative system is slow, mainly manifested in: first, offside, absent, dislocation, should not be managed, should not be managed; Second, the transformation of functions is not in place, and the institutional obstacles of segmentation cannot be broken; Third, the institutional setting is not reasonable enough, the responsibilities between departments are unclear, overlapping and inefficient; Fourth, the sense of service is not strong, the official-oriented thinking is serious, and there are a large number of inaction, lazy action, and chaotic action. If these problems cannot be effectively resolved, they will certainly affect the process of reform, opening up, and modernization.
3) To deepen the reform of the administrative management system, it is necessary to improve the first-class responsibility system and transform the first-class functions. It is necessary to transfer the matters that should not be managed by the first and the matters that should be managed by the first management to effectively manage them, which are the two aspects of the construction of the first responsibility system, and we must work hard at the same time to achieve practical results. In accordance with the functional orientation of "economic regulation, market supervision, social management, and public service," we should earnestly transfer the functions of economic regulation and market supervision to the functions of economic regulation and market supervision, and earnestly assume the functions of social management and public services.
It is necessary to improve the functions of social management and public services, and provide a strong institutional guarantee for the comprehensive construction of a well-off society.
4) To deepen the reform of the administrative management system, it is also necessary to promote the openness of administrative affairs, and promote the openness of village affairs and factory affairs with the openness of government affairs, so as to promote the construction of socialist democratic politics. It is necessary to grasp the practical issues involving the vital interests of the masses that are of general concern to the masses, intensify the efforts to make things transparent, broaden the channels for making them public, enrich the forms of disclosure, and strive to improve the quality and results of making things transparent.
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Review the course of China's administrative system reform since the reform and opening up, summarize and synthesize the positive progress and main results of China's administrative system reform in the fields of institutional reform and functional transformation, local relationship reshaping, adjustment of relationship with enterprises, society and market, administrative decision-making and regulatory system innovation and improvement, and then study the problems that have not been solved in China's administrative system reform and are incompatible with economic and social development. This paper looks forward to the future development trend and path selection of China's administrative system reform.
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Legal Analysis: (1) Administrative reform is a political process. (2) The purpose of administrative reform is to adapt to the social environment, improve administrative efficiency, and handle social and public affairs efficiently and fairly.
3) Administrative reform must change the internal system and organizational structure of the bureau, and reallocate administrative powers. (4) Administrative reform must correctly handle the relationship between the first and the society.
Legal basis: "Minutes of the Symposium on Issues Concerning the Application of Law and Norms in the Trial of Administrative Cases" I. On the Trial Basis of Administrative Cases In accordance with the relevant provisions of the Administrative Litigation Law and the Legislation Law, the people's courts hearing administrative cases are based on laws, administrative regulations, local regulations, autonomous regulations, and special regulations, and refer to the rules. When referring to the rules, a judgment shall be made on whether the provisions of the rules are lawful and valid, and the lawful and effective rules shall be applied.
In accordance with the provisions of the Legislation Law, the Regulations on the Procedures for the Formulation of Administrative Regulations, and the Regulations on the Procedures for the Formulation of Rules on the interpretation of laws, administrative regulations and rules, the legal interpretations of the Standing Committee of the National People's Congress, and the interpretations of administrative regulations promulgated by the departments authorized by the People's Courts, the people's courts shall be the legal basis for hearing administrative cases; Interpretations of rules made by rule-making organs that have the same effect as the rules are to be applied by the people's courts when hearing administrative cases.
Considering the evolution of China's legislative procedures after the founding of the People's Republic of China, there are three types of currently effective slippery letter administrative regulations: first, administrative regulations formulated and promulgated; Second, before the implementation of the Legislation Law, in accordance with the procedures for formulating administrative regulations in force at that time, the administrative regulations approved by the Ministry of Education and promulgated by the Department of Administrative Regulations. However, after the implementation of the Legislation Law, the normative documents approved by the Ministry of Education and published by the Department are no longer administrative regulations; The third is other administrative regulations confirmed by *** when cleaning up administrative regulations.
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Legal Analysis:1The limitations of history determine the success or failure of administrative reform; 2.
the constraints of political factors on administrative reform and the constraints of travel; 3.opposition from the administrative bureaucracy within the administrative system; 4.the obstruction of traditional conservative ideas and habits; 5.
The negative impact of cronyism and paternalism on administrative reform. Judging from the current situation, due to the lag in the reform of the political system and the anti-monopoly reform, such as the first functional departments and the first department are unwilling to continue to delegate power for their own interests, and even require the establishment of new institutions, new administrative licenses and examination and approval powers under the pretext of new things and new situations in economic development, the monopoly department also hopes to restrict the entry of other competitors with the help of various approval thresholds.
Legal basis: Article 30 of the Constitution of the People's Republic of China The administrative regions of the People's Republic of China are divided as follows:
1) The country is divided into provinces, autonomous regions, and municipalities directly under the Central Government;
2) Provinces and autonomous regions are divided into autonomous prefectures, counties, autonomous counties, and cities;
3) Counties and autonomous counties are divided into townships, ethnic townships, and towns.
Municipalities and larger cities are divided into districts and counties. Zixiang Prefecture is divided into counties, autonomous counties, and cities.
Autonomous regions, autonomous prefectures, and autonomous counties are all ethnic autonomous areas.
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Administrative reform refers to the process of adjusting the internal system and organizational structure, re-allocating power, and adjusting the relationship between the government and society in order to adapt to the social environment or handle social and public affairs efficiently and fairly. To understand administrative reform, we should pay attention to: (1) Administrative reform is a political process.
The administrative system is an integral part of the political system, and politics determines the administration. In the developed countries of the West, administration must also be subordinated to the requirements of state politics, and politics and administration are even more inseparable in China. Therefore, the process of administrative reform is not a purely technical process, and various political factors determine the complexity of administrative reform.
(2) The purpose of administrative reform is to adapt to the social environment, improve administrative efficiency, and handle social and public affairs efficiently and fairly. The relationship between public organizations and the social environment is that of output and input, and the two must maintain a dynamic equilibrium. The orientation of administrative reform to adapt to the social environment means that public organizations must adapt to social changes, and their organizational structure, rules and regulations, and operational methods must change along with social changes, but administrative reform is not to passively adapt to changes in the social environment, but to actively and efficiently manage social and public affairs.
In administrative reform, attention should be paid to the issue of administrative efficiency, and at the same time, we should not ignore the degree of realization of social fairness and public interests. (3) Administrative reform requires the reform of internal systems and organizational structures, and the reallocation of administrative powers. In administrative reform, it is necessary to have a comprehensive understanding of the system of administrative power, the system of administrative leadership, the system of administrative divisions, and the organizational structure.
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