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Law-Based Administration: The Key to Building a Rule of Law Government Abstract Law-based administration is a focal point as well as a difficult point in the implementation of the fundamental principle of governing the country according to the law; it is also a key point in the construction of a rule of law government. For administrative organs at all levels, properly practicing law-based administration is not only an inevitable requirement of the development of socialist democracy and leadership by the people but also a prerequisite to and basis of the building of a rule of law government and a harmonious society. 42036
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Key words: Law-based administration; Supervisory mechanism; Law enforcement responsibility
Law-based administration is the concrete implementation of the fundamental principle of governing the country according to the law in the administrative efforts of the government; it is directly related to the vital interests of the people as well as the credibility of the party and the government. General Secretary of the Communist Party of China (CPC) Xi Jinping has pointed out that “administrative organs are an important agent in the enforcement of laws and regulations and should take the lead in strictly enforcing the law, safeguarding public interests and the rights and interests of the people, and maintaining social order. Law-enforcement agents must be faithful to the law.” The 4th Plenary Session of the 18th CPC Central Committee also proposed that to firmly uphold the rule of law, we should first firmly uphold the authority of the Constitution and that to adhere to law-based administration, we should first adhere to Constitution-based administration. Therefore, the government should fulfill its functions in all aspects under the rule of law, further advance law-based administration, and accelerate the building of a rule of law government characterized by scientific delegation of responsibilities, determination of authority and duties by law, strict law enforcement, openness and fairness, integrity and efficiency, law-abidingness and honesty. Moreover, General Secretary Xi Jinping pointed out that “officials and cadres at all levels should improve the abilities to use a rule of law mentality and method to deepen reforms, promote development, resolve conflicts, and to maintain stability. They should work hard to promote the creation of a favorable rule of law environment in which all affairs are handled according to the law, people would resort to the law when issues arise, problems are solved under the rule of law, andconflicts are resolved according to the law; they should stay on the rule of law track in all work.” The so-called rule of law mentality is an understanding and awareness of the rule of law with an emphasis on a sense of awe of the Constitution and the laws; all affairs should be handled by law in accordance with law-prescribed authority and procedures with constant adherence to the interdependence of power and duty, supervision of the exercising of power, prosecution in cases of violation, and compensation in cases of infringement.
Governments at all levels and their staff should take the lead in abiding by the Constitution and the laws, overcoming hurdles in the reforms as well as improving the welfare of the people and social justice under the rule of law. In addition, the construction of a rule of law government requires conscious acceptance of supervision of the people. The subject consciousness and the rule of law consciousness of society as a whole should be further cultivated. As was emphasized during the 4th Plenary Session of the 18th CPC Central Committee, we must “see to it that the laws are mastered, obeyed, and used by the people”. Only when the broad masses of the people actively and voluntarily act as the agent in the supervision of law enforcement can we truly succeed in the building of a rule of law government. 1. ESTABLISH A CORRECT OUTLOOK ON POWER, BUILD HIGH-QUALITY LAW ENFORCEMENT TEAMS, ENHANCE PROFICIENCY IN LAW ENFORCEMENT Governments at all levels and all administrative law enforcement organs should pay special attention to the ideological construction, organizational construction, and style construction of law enforcement teams, provide them with adequate education in ideology, laws and policies, and work ethics, and offer proper professional and technical training. Those who have not received such training or have failed in the exit exam following such training are, with no exception, ineligible to perform job duties. Law enforcement officials who are lacking in political quality and who have been accused of serious violations of laws and regulations should be removed from duty and be relocated with no exception.