Report of Mianyang Municipal Transportation Bureau on the construction of a government ruled by law in 2018 (Mianjiao [2018] No.191)
Municipal government:
In 2018, the city’s transportation system will be guided by the Supreme Leader’s Socialism with Chinese characteristics Thought in the New Era, with the implementation of the Implementation Plan for the Construction of a Government under the Rule of Law in Sichuan Province (2016-2020) and the Implementation Plan for the Construction of a Government under the Rule of Law in Mianyang City (2016-2020) as the main line, closely focusing on the overall situation of the work of "attacking the battle for transportation construction" and the decision-making arrangements of the municipal party committee on comprehensively promoting high-quality development. We will fully perform government functions in accordance with the law, further strengthen the construction of law enforcement team, establish and improve the law enforcement system, standardize administrative law enforcement procedures, and continuously improve the ability of law enforcement in a civilized and efficient manner, and all work has achieved good results. The relevant work is now reported as follows:
First, the implementation of the decision-making legality review and normative document management system.
Fully implement the government legal adviser system. The Municipal Transportation Bureau hired Daorong Minzhou Law Firm as the legal consultant, and the law firm provided professional legal services for the whole process of traffic management activities, including legal design, legal norms, legal control and legal relief. The units affiliated to the system also hired their own legal advisers. The legal adviser of our bureau participates in the discussion of important issues such as the presentation of the law at the executive meeting, the research and formulation of taxi reform documents, the review of important contracts, and the review of administrative reconsideration cases.
This year, our bureau has not formulated normative documents. Normative documents related to the transportation industry were cleaned up in time, and the cleaning results and dynamic management list were submitted as required. The Contract Review and Signing Process of Mianyang Municipal Transportation Bureau was formulated and promulgated, which clarified the responsibilities of all departments when signing contracts, improved the contract review procedures, standardized the contract signing procedures, and effectively minimized the contract risks.
Established the legality review mechanism and expert argumentation system of major decisions within Mianyang Transportation Bureau. In 2017, the Bureau and the Economic and Information Committee and other seven departments jointly issued the "Implementation Rules for the Management of Online Booking Taxi Service in Mianyang City". In the process of drafting documents, our bureau strictly implements the drafting and filing regulations of normative documents: while deeply understanding the taxi policies of the state and seven ministries and commissions, we seriously carry out a thorough investigation of Mianyang taxi industry and solicit opinions from all walks of life, and hire experts from Chengdu Administration College and Municipal Social Science Association as third-party institutions to carry out social stability risk assessment and expert argumentation on the draft text, and solicit opinions from the public and legal advisers, and finally submit them to the leading group for taxi reform for review and release.
In 2017, the bus fare adjustment led by our bureau was successfully completed without negative social benefits. Municipal Bureau of major administrative decision-making work information is complete, public participation in discussion, expert argumentation, risk assessment, legal advice, meeting discussion information collection standard and complete.
Two, perform the duties of administrative supervision according to law, and promote the "streamline administration, delegate power, strengthen regulation and improve services" reform.
First, do your duty according to law. In 2018, our bureau insisted that the law was not authorized, no rights were created outside the law, illegal decisions were made to derogate from the legitimate rights and interests of citizens, legal persons and other organizations or increase their obligations, administrative inspections and punishments were carried out beyond the scope of laws, regulations and rules, and no administrative acts were revoked or changed, and no administrative response was made.
The second is to formulate three systems: the publicity system of administrative law enforcement, the detailed rules for the implementation of the whole process record of administrative law enforcement, and the detailed rules for the implementation of the legal review of major administrative law enforcement decisions. All law enforcement units of the system are required to carry out the implementation of the three systems according to the deployment and requirements of the relevant work of the CPC Central Committee, the State Council, province and city, and in combination with the actual situation.
The third is to forward the "Sichuan Provincial Transportation Administrative Punishment Discretion Standard" by the Provincial Department of Transportation, requiring all units of the system to strictly follow the requirements of the superior documents.
The fourth is to strengthen the training and education of administrative law enforcement personnel. Nearly 600 people in the city’s transportation administrative law enforcement personnel were organized. From May to June, traffic law enforcement knowledge training was concentrated, and the unified examination was held on June 23, and all those who failed the first examination were made up. Zhang Zhuting, a well-known law professor from the Ministry of Transport, was invited to lecture on traffic administrative law enforcement and safety management regulations, and nearly 200 law enforcement officers from the system participated. The bureau specially organized more than 50 people in the system to carry out the training of the Administrative Licensing Law and the Administrative Punishment Law; Actively organize and participate in the rule of law training organized by the Ministry of Transport, provincial offices and departments directly, and the system has sent more than 80 people to participate in the training. Using the form of cross-evaluation of administrative law enforcement by the Municipal Bureau, we will carry out vivid and intuitive exchange activities between counties and districts, such as case presentation and case interpretation, and summarize and improve the level of handling cases from the perspective of the industry’s own functions and the reality of front-line law enforcement work.
Fifth, adhere to the combination of punishment and education. There was no violent law enforcement in the city’s transportation system in 2018. Improve the interface mechanism between administrative law enforcement and criminal justice, log on to the interface platform of administrative law enforcement and criminal justice in Sichuan Province in time, contact the responsible comrades of the Municipal Procuratorate, and report relevant work. Combined with the work of "eliminating evils", the illegal clues found in the law enforcement of highway transportation, such as headquarters, dispatching and suspected illegal operation of gangs, were handed over to the public security department in time.
The sixth is to promote decentralization, integration of decentralization and management, optimize services, accelerate the transformation of the government, and further promote the comprehensive efficiency of administrative examination and approval. Conscientiously implement the reform of the commercial system, fully cooperate with the industrial and commercial departments to fulfill the requirements of "double notification", submit the "double publicity" report of administrative license and administrative punishment on time every month, and publicize the administrative punishment cases closed last week on the portal website of our bureau every week.
Seventh, vigorously promote random spot checks, standardize regulatory behavior, strengthen market self-discipline and social supervision, and improve regulatory efficiency. Adhere to supervision according to law, strictly implement relevant laws and regulations, standardize post-event supervision, implement regulatory responsibilities, ensure that post-event supervision is carried out in an orderly manner according to law, and promote the institutionalization and standardization of random sampling. Adhere to fairness and efficiency, standardize the operation of administrative power, strictly standardize fair and civilized law enforcement, improve supervision efficiency, reduce the burden on market players, and optimize the market environment. Adhere to openness and transparency, open random spot checks, open procedures and open results, and implement "sunshine law enforcement" to ensure equal rights, opportunities and rules of market participants. Adhere to coordinated promotion, establish and improve a random sampling mechanism in the field of post-event supervision, form a unified market supervision information platform, and explore and promote cross-departmental and cross-industry joint random sampling.
Third, carry out hierarchical supervision, handle administrative reconsideration cases, execute effective judgments and rulings of courts, and respond to judicial suggestions.
The first is to carry out the evaluation and investigation of administrative law enforcement files of lower departments and the administrative compulsory filing system of major administrative penalties. In 2018, the Municipal Bureau evaluated the law enforcement files of the law enforcement units directly under the Bureau, and put forward rectification opinions on the problems found in the file evaluation. Strictly implement the administrative compulsory filing system for major administrative punishments, and require law enforcement units directly under the bureau to report the administrative compulsory files of major administrative punishments involving their own units to the Municipal Bureau of Law and Regulation for the record.
The second is to improve the trial mechanism of administrative reconsideration cases. According to the work requirements of the Administrative Reconsideration Law, accept the application for administrative reconsideration in time, review the administrative punishment cases of subordinate units, and make a reconsideration decision according to law. In 2018, our bureau received an application for administrative reconsideration, which is currently being processed.
The third is to implement the system of administrative organs appearing in court to respond to lawsuits. The system of responding to administrative litigation cases of Mianyang Municipal Bureau of Transportation was formulated, which clarified the responsibilities and accountability principles of each department when administrative litigation cases involving our bureau occurred. In 2018, there were no administrative litigation cases in our bureau and no judicial advice was received.
Four, the implementation of the main responsible person to promote the construction of a government ruled by law, the first responsible person and the main responsibility.
First, the "List of Responsibilities of the Principal Responsible Person of Mianyang Municipal Transportation Bureau to Fulfill the First Responsibility for Promoting the Construction of the Rule of Law" was formulated, and 13 responsibilities of the Principal Responsible Person to promote the construction of the rule of law were clarified. At the same time, we will strengthen the supervision of the principal responsible persons of subordinate departments to implement the first responsible person for the rule of law. Those who do not conscientiously perform the duties of the first responsible person for promoting the rule of law, and major illegal administrative cases occur during the year, causing serious consequences, shall be investigated for the principal responsible person’s responsibility according to law. In 2018, the Party Committee of the Bureau organized more than 20 meetings to study and solve major issues related to the construction of government departments ruled by law in a timely manner.
Second, combined with the actual situation of this department, the "Key Points for the Construction of Government Departments under the Rule of Law in Transportation in 2018" was issued, which made arrangements for the construction of government departments under the rule of law in our bureau in 2018, put forward work requirements, and clarified work objectives.
Third, combined with the mid-term supervision of the construction of a government ruled by law, we will effectively carry out administrative appraisal according to law. The Notice of Mianyang Municipal Bureau of Transportation on Printing and Distributing the Work Plan for the Evaluation of Transportation Administration by Law in 2018 (Mianjiaofa [2018] No.38) was formulated and issued, which made arrangements for the evaluation of transportation system by law in 2018. The evaluation was completed on October 15, 2018, and the evaluation results were notified on October 17.
The fourth is to fully implement the annual report system of the government under the rule of law, submit the work report on the construction of the government under the rule of law in the previous year to the municipal government and the provincial department of transportation on time, and publish it publicly on the portal website in time.
Fifth, continue to implement the system of collective study of law by leading bodies and the system of study of law by government functionaries. The Key Points of Publicity and Education on the Rule of Law in Traffic and Transportation in the City in 2018 were issued, and the leading cadres headed by the Party Committee of the Bureau were paid close attention to studying the law. At the beginning of each year, the annual pre-conference study plan was formulated and issued, and the lecturers were arranged to implement the study. Every time the Party Committee and the Bureau Council studied at least one law and regulation, the cadres had study notes, and the study files were established, and the study of the law was taken as an important part of the annual assessment of leading cadres. Full implementation of the annual law system, the implementation of the rule of law construction responsibilities will be included in the year-end debriefing of the members of the bureau’s leading group. Organize all cadres to participate in the online rule of law study exam for civil servants and public officials organized by the Municipal People’s Social Security Bureau, and all the personnel participated in the exam and passed the exam; The rule of law education was carried out through the traffic lecture hall, and four traffic lecture halls involving the rule of law education were organized in the past year.
In the next step, we will continue to take the spirit of the Third Plenary Session of the 19th CPC Central Committee as the guide, fully implement the spirit of the important speech delivered by the Supreme Leader General Secretary at the first meeting of the Central Committee for Comprehensively Governing the Country by Law, persist in focusing on the center and serving the overall situation, and closely focus on the goal of building a government under the rule of law, constantly improve the construction of an administrative system according to law, continue to carry out in-depth publicity and education on the rule of law, solidly promote governance according to law, and continue to focus on promoting the creation of the rule of law. Efforts should be made to improve the thinking ability of systematic cadres and workers under the rule of law, comprehensively improve the concept and legal quality of systematic cadres and workers, and create a better traffic environment under the rule of law for building a modern western city.
I hereby report.
November 16, 2018
(Contact: Yin Le, Tel: 13696271909)
Information disclosure option: active disclosure
CC: Municipal Legislative Affairs Office.
Issued by Mianyang Municipal Bureau of Transportation on November 19, 2018