Secretary-general Hong Hao Makes Keynote Report on Local
Governmentí»s Legal Construction
December 6, 2011
The Workshop on Shanghaií»s Legal Construction after the Establishment of the Socialist Legal System with Chinese Characteristics was held at Huating Hotel on December 5. At the workshop, Hong Hao, Secretary-general of Shanghai Municipal Peopleí»s Government, Ying Yong, president of Shanghai Higher Peopleí»s Court, Chen Xu, chief procurator of Shanghai Municipal Peopleí»s Procuratorate, Sun Chao, secretary of Minhang District Party Committee, Ye Qing, director of the Law Institute of Shanghai Academy of Social Sciences, Yuan Yixing, chairman of the Financial and Economic Committee of Shanghai Municipal People's Congress, Zhang Zaiyang, chairman of the Agriculture and Rural Affairs Committee of Shanghai Municipal Peopleí»s Congress, and Ding Wei, director of the Legislative Affairs Committee of the Standing Committee of Shanghai Municipal Peopleí»s Congress, gave keynote speeches, and Liu Yungeng, director of the Standing Committee of Shanghai Municipal Peopleí»s Congress delivered an important speech.
Secretary-general Hong Hao pointed out that since Shanghai first proposed the goal of building a í░service-orientedúČaccountable and law-based governmentí▒ in 2003, it has achieved obvious effects by implementing the Outline for Promoting Law-based Administration and the Administrative License Law in an all-round way, pushing forward the openness of government information, the reform of administrative examination and approval, and the clearance of administrative charges, and strengthening and normalizing the administrative law-enforcement. He concluded the experience as always focusing on strengthening the governmentí»s self-improvement and safeguarding the peopleí»s legitimate rights and interest, and taking the transparency, efficiency and normalization of the governmentí»s acts as the core of law-based administration. However, in his opinion, there were still quite a few problems that required urgent solutions in the law-based administration For that sake, the Municipal Peopleí»s Government had issued for the first time the 12th Five-year Plan for Law-based Administration, proposing the ideology of pushing forward the overall and coordinated development of administrative decision-making, administration, administrative law-enforcement, and administrative supervision, by improving the ability to research and solve, in a legal manner, social economic problems, and the administrative transparency, normalization, execution and credibility. At the next stage, the Municipal Peopleí»s Government would implement various systems and measures in the special plan for law-based administration, and strive to build Shanghai into one of the administrative areas with the best legal environment nationwide.
In Hong Haoí»s opinion, the establishment of the Stateí»s legal system lays a foundation for getting the governmentí»s work on the track of law-based administration. However, as the Stateí»s legal system is imperfect, the local governmentsí» legislation, as an important part of such legal system, shall still function as an active supplement to the Stateí»s legislation. He suggested that in future, Shanghai should attach greater importance to implementary and supporting legislation, and to legislation with local features, and lay equal stress on formulating new laws and revising or repealing old ones. He held that the government could make achievements in legislation only when such legislation was properly oriented. He also held that relevant departments should continuously improve their ways of working, scientifically formulate the plan for legislation, listen to more peopleí»s opinions on draft regulations, strengthen related publicity, enhance the filing and examination of normative documents, and make efforts to improve the legislative quality.
Hong Hao emphasized that the vitality of laws lied in whether they could be implemented effectively or not. The key for strengthening the normalization and execution of administrative law-enforcement was to continuously enhance supervision over administrative law-enforcement, so as to í░forceí▒ the administrative law-enforcement departments to improve themselves continuously and to normalize and raise their law enforcement levels. The law-enforcement units should conscientiously accept the internal supervision by the administrative departments, the supervision by the peopleí»s congresses and the peopleí»s political consultative committees, and the judicial supervision, and should take the working systems of Recommendation for Law Enforcement Supervision, Recommendation for Administrative Reconsideration, law enforcement inspection by the peopleí»s congresses, judicial recommendations and procuratorial recommendations as important impetus to improve law enforcement and to implement laws effectively.