县级政府规范性文件现状研究

发布时间：2019-04-12 13:26

【摘要】：规范性文件是政府机关履行职能、服务社会的重要施政方式,也是广大公民维护自身合法权益、实现自身合法利益的有效保障,研究基层政府规范性文件现状对于推进依法治国基本方略的实施具有重要现实意义。随着社会的不断发展,许多地方政府大量出台规范性文件,数量庞大、与公民切身利益密切相关的规范性文件已经成为政府履行职能的重要工具,在我国社会主义法律体系中占有重要地位。但规范性文件的质量却参差不齐,质量和数量并不成正比,有时由于对规范性文件的合法性审查缺乏具体有效的办法,以及制定主体法治意识淡薄等原因,甚至出现规范性文件违法、侵权的现象。这一现状不仅影响我国法治政府建设,更不利于维护公民的合法权益。因此,有必要对规范性文件的制定、备案审查、实施等过程进行有效监督,分析问题,找出原因,对症下药,切实提高基层政府规范性文件的质量,维护公民的合法权益。本文从县级政府规范性文件的概念入手,通过分析其存在的意义、方式及备案审查,进而引出县级政府规范性文件现实中存在的问题和产生问题的原因分析,最后提出提高县级政府规范性文件质量的几点建议。本文着重对县级政府规范性文件进行了解读,意在加强基层政府对于自身规范性文件重要性的认识,特别是对县级政府规范性文件存在问题的分析,虽然浅显易懂,但十分实用。笔者作为一名基层法律工作者,深知基层政府工作人员专业有别,法治素养不一,而依法治国基本法略的实现需要每个人的共同努力,更需要基层政府不断提高自身法治思维、法治意识,笔者期望通过研究分析县级政府规范性文件的现状为基层法治政府建设提供一些建议。
[Abstract]:Normative document is an important way for government organs to perform their functions and serve the society, and it is also an effective guarantee for citizens to safeguard their own legitimate rights and interests and realize their own legitimate interests. It is of great practical significance to study the present situation of basic government normative documents in order to promote the implementation of the basic strategy of governing the country according to law. With the continuous development of society, many local governments have issued a large number of normative documents, which are closely related to the vital interests of citizens, and have become an important tool for the government to perform its functions. It plays an important role in the socialist legal system of our country. However, the quality of normative documents is uneven, and the quality and quantity of normative documents are not proportional to each other, sometimes due to the lack of concrete and effective methods to examine the legitimacy of normative documents, as well as the weak awareness of the rule of law in the formulation of subjects, Even appear normative document illegal, tort phenomenon. This situation not only affects the construction of our country's rule of law government, but also is not conducive to safeguarding the legitimate rights and interests of citizens. Therefore, it is necessary to supervise effectively the formulation, examination and implementation of normative documents, to analyze the problems, to find out the reasons, to remedy the problems, to improve the quality of the normative documents of grass-roots government, and to safeguard the legitimate rights and interests of citizens. Starting with the concept of normative documents of county-level government, this paper analyzes the significance, mode and examination of the existence of normative documents of county-level governments, and then leads to the analysis of the problems existing in the reality of normative documents of county-level governments and the reasons for their emergence. Finally, some suggestions to improve the quality of county-level government normative documents are put forward. The purpose of this article is to strengthen the grass-roots government's understanding of the importance of its own normative documents, especially the analysis of the problems existing in the county-level government's normative documents, although it is easy to understand. But very practical. As a grass-roots legal worker, the author knows that grass-roots government staff have different professional qualities and different qualities of rule of law, and the realization of the basic Law of governing the country by law requires the joint efforts of everyone, and even more, the grass-roots government needs to constantly improve its own thinking on the rule of law. The author hopes to provide some suggestions for the construction of the grass-roots government by studying and analyzing the present situation of the normative documents of the county-level government.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.1

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