政府“法制办”研究
发布时间：2018-09-10 14:27
【摘要】： 我国目前正致力于建设社会主义法治国家,依法行政、构建法治政府成为当务之急。政府法制既是社会主义法治建设的重要方面,又是政府工作的重要组成部分。承载政府法制工作的组织主要是政府法制机构,一般情况下我们称之为政府“法制办”。政府法制工作自建国以来已经存在,政府法制机构也以不同的面目出现过,然而由于各种历史的和社会的原因,我国对政府法制工作及政府法制机构的重视程度不高,学者对它们的研究也不够深入。但是未来社会是法治社会,这已经成为人们的共识。在建设社会主义法治社会的过程中,政府法制建设应该享有非常重要的地位,而政府法制机构的发展和完善也必定得到相应的重视。本文从对政府法制的基本认识着手,厘清了政府法制机构的界定和发展历程。通过对政府法制机构现状的调查,深入挖掘政府法制机构不同工作职能存在的问题。最后对症下药,提出简要的对策思路。 本文分为三大部分,内容由浅入深,层层深入,最终挖掘政府法制机构运行过程中存在的问题,并做分析、提出对策。 本文第一部分从政府法制工作和政府法制机构的基本认识入手,简要概述了政府法制和政府法制机构的涵义及发展历程,阐明政府法制对于依法行政、构建法制政府的重要地位和作用。 第二部分以实证分析的方法对政府法制机构的组织机构和职能做研究分析,全面展现政府法制的现状,让我们对政府法制有更为全面的认识。 第三部分从政府法制机构的不同职能出发,分别探讨政府法制机构在行政立法、行政复议、行政诉讼应诉、行政监督及其他方面等权力运行过程中存在的种种问题,最后提出简单的对策思路。 本文的创新点在于研究方法的创新。如果仅仅从书本知识出发来研究现实问题,我们难免陷入循环论证的模式中,这种模式无法产生新的知识。所以本文主要部分的内容大多采用走访调查的方式进行,获得宝贵的一手资料,以保证论点、论据及对策的新颖性、真实性、实践性和符合国情性。
[Abstract]:At present, our country is committed to building a socialist country ruled by law, administration by law and building a government ruled by law becomes a top priority. Government legal system is not only an important aspect of socialist legal construction, but also an important part of government work. The organization carrying the government's legal work is mainly the government's legal institution, which is generally called the government's "legal system". The government legal system has existed since the founding of the people's Republic of China, and the legal institutions of the government have appeared in different ways. However, due to various historical and social reasons, our country does not attach great importance to the work of the government legal system and the government legal institutions. The scholars' research on them is not deep enough. But the future society is the rule of law society, this has become the consensus of people. In the process of building a socialist society ruled by law, the construction of government legal system should have a very important position, and the development and perfection of government legal system must be paid attention to accordingly. From the basic understanding of the government legal system, this paper clarifies the definition and development process of the government legal system. Through the investigation of the present situation of the government legal institutions, the problems existing in the different working functions of the government legal institutions are deeply explored. At last, the author puts forward some countermeasures. This paper is divided into three parts, the content from shallow to deep, layer by layer, finally excavating the problems existing in the operation of the government legal institutions, and make an analysis, and put forward countermeasures. The first part of this paper begins with the work of the government legal system and the basic understanding of the government legal system organization, briefly outlines the meaning and the development course of the government legal system and the government legal institution, and clarifies the government legal system to administer according to the law. The important position and function of constructing the legal system government. The second part studies and analyzes the organization and function of the government legal system by the method of empirical analysis, which shows the present situation of the government legal system, and makes us have a more comprehensive understanding of the government legal system. The third part discusses the problems existing in the process of administrative legislation, administrative reconsideration, administrative litigation response, administrative supervision and other aspects of the operation of the power of the government legal institutions, starting from the different functions of the government legal institutions, and respectively discussing the problems existing in the operation of the administrative legislation, administrative reconsideration, administrative litigation, administrative supervision, and other aspects. At last, a simple countermeasure is put forward. The innovation of this paper lies in the innovation of research methods. If we only study the practical problems from the book knowledge, we will inevitably fall into the circular model of argumentation, which can not produce new knowledge. Therefore, most of the contents of this paper are carried out by the way of visiting and investigating, so as to obtain valuable first-hand data to ensure the novelty, authenticity, practicality and conformity with the national conditions of the arguments, arguments and countermeasures.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.1
[Abstract]:At present, our country is committed to building a socialist country ruled by law, administration by law and building a government ruled by law becomes a top priority. Government legal system is not only an important aspect of socialist legal construction, but also an important part of government work. The organization carrying the government's legal work is mainly the government's legal institution, which is generally called the government's "legal system". The government legal system has existed since the founding of the people's Republic of China, and the legal institutions of the government have appeared in different ways. However, due to various historical and social reasons, our country does not attach great importance to the work of the government legal system and the government legal institutions. The scholars' research on them is not deep enough. But the future society is the rule of law society, this has become the consensus of people. In the process of building a socialist society ruled by law, the construction of government legal system should have a very important position, and the development and perfection of government legal system must be paid attention to accordingly. From the basic understanding of the government legal system, this paper clarifies the definition and development process of the government legal system. Through the investigation of the present situation of the government legal institutions, the problems existing in the different working functions of the government legal institutions are deeply explored. At last, the author puts forward some countermeasures. This paper is divided into three parts, the content from shallow to deep, layer by layer, finally excavating the problems existing in the operation of the government legal institutions, and make an analysis, and put forward countermeasures. The first part of this paper begins with the work of the government legal system and the basic understanding of the government legal system organization, briefly outlines the meaning and the development course of the government legal system and the government legal institution, and clarifies the government legal system to administer according to the law. The important position and function of constructing the legal system government. The second part studies and analyzes the organization and function of the government legal system by the method of empirical analysis, which shows the present situation of the government legal system, and makes us have a more comprehensive understanding of the government legal system. The third part discusses the problems existing in the process of administrative legislation, administrative reconsideration, administrative litigation response, administrative supervision and other aspects of the operation of the power of the government legal institutions, starting from the different functions of the government legal institutions, and respectively discussing the problems existing in the operation of the administrative legislation, administrative reconsideration, administrative litigation, administrative supervision, and other aspects. At last, a simple countermeasure is put forward. The innovation of this paper lies in the innovation of research methods. If we only study the practical problems from the book knowledge, we will inevitably fall into the circular model of argumentation, which can not produce new knowledge. Therefore, most of the contents of this paper are carried out by the way of visiting and investigating, so as to obtain valuable first-hand data to ensure the novelty, authenticity, practicality and conformity with the national conditions of the arguments, arguments and countermeasures.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.1
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