First, the main drawbacks of the current power operation
Judging from some corruption cases that broke out in recent years, there are still some drawbacks in China's current power operation mechanism.
First, low sports performance. At present, the overlapping of functions and powers of the party and government departments is quite common, which consumes a lot of administrative resources and government efficiency and forms negative corruption. At present, the "three definitions" of various departments (that is, defining functions, institutions and staffing) are not scientific enough, and are influenced by factors such as interest-driven, resulting in compartmentalization and overlapping of some functions, low administrative efficiency and huge waste. For example, food safety issues, according to the division of functions, involve eight or nine departments, such as agricultural office, agricultural bureau, economic and trade bureau, food and drug administration, industrial and commercial bureau, and technical supervision bureau. Those who have interests are vying for control, while those who have no interests are unwilling to take care of each other.
Second, excessive abuse of power. In some departments, human rights, administrative power and financial power are too concentrated. This kind of power operation mode is easy to disturb the normal operation procedures of organs, resulting in abuse of power, mistakes in decision-making, abuse of power for personal gain, trading of power and money and other undesirable phenomena. Some violate the principle of collective leadership, monopolize power, engage in "egoism", put themselves above the organization, put the party's organizational principles and decision-making procedures behind them, refuse to listen to different opinions, retaliate against those who dare to raise objections, and even go to the opposite side and fall into the mud pit of corruption.
Third, the scope of power is too wide. The performance is that the same behavior may encounter different treatment results, and some can even bargain after treatment. For example, the cultural publishing department will impose a fine of 1-50000 yuan if it violates the relevant provisions of the Regulations on the Administration of Audio-visual Products Publishing. In the specific implementation, there is great flexibility and excessive discretion. Wait, the list goes on.
Fourth, there is no chapter in the exercise procedure. It is reflected in the lack of clear, strict and specific normative procedures for the operation of power. At present, organizations at all levels generally lack operational procedural provisions in the process of exercising decision-making, execution and supervision, and are used to restricting and supervising the operation of power in the form of departmental documents. There are few rigid rules, which are easy to produce randomness, leading to decision-making mistakes and execution corruption.
Fifth, dereliction of duty. Some cadres in party member do not exercise their functions and powers correctly, and do not stop or investigate things that are explicitly prohibited within their direct jurisdiction, even violations of laws and regulations, resulting in vicious and major cases within their jurisdiction. For example, in some places, the inspection of national laws and regulations on production safety is not in place, the work is irresponsible, and hidden dangers in production and operation are not inspected and eliminated in time, resulting in safety accidents and serious losses to the lives and property of the state, the collective and the people.
The irregular operation of power leads to the weakening of public social belief and the decline of social morality, which directly challenges the fairness and authority of policies and regulations, makes the subjects who exercise public power lose faith in the people, breaks the social order such as justice, honesty and equality, and further harms social stability.
Second, the main source of abuse of power operation
To explore the disadvantages of power operation, we should start from both the historical context and the real social environment; It is necessary to make an in-depth analysis from both internal and external causes.
1, from the historical context and realistic social environment, the root cause lies in the infiltration of the legacy of feudal society and the immaturity of the market economy mechanism in the transition period.
First, the legacy of feudal society still permeates people's minds to varying degrees. China has experienced a long feudal history, and it is difficult to completely eliminate all kinds of feudal ideological heritages accumulated over thousands of years from the depths of people's minds. For example, the hierarchical concept of "official standard" has left a deep imprint on people's hearts. In real political and social life, people are used to emphasizing the social order based on superiors and subordinates, and to the leadership style of superiors commanding subordinates. The existence of this feudal privilege thought provides a great "free space" for "abuse of power" subjectively, which easily induces the power subject to resist normal supervision, leading to the phenomenon of "empty supervision" and "out of control" in the operation of power.
Second, the immaturity of the market economy in the transition period leads to loopholes in management, system and system. The nonstandard operation of power is closely related to the immaturity and instability of the market economy system, and the new mechanism to restrict corruption under the market economy conditions has not yet been fully formed. In particular, the transformation of government functions lags behind the reform process, and the interest-driven administrative power easily penetrates into the market field, resulting in corruption such as "abusing power for personal gain" and "abusing power for personal gain". In addition, all kinds of out-of-control, anomie and disorder inevitably appear in the process of transformation and decentralization, so that some power subjects can take advantage of the management, system and institutional loopholes in the transformation to conduct "power abuse" activities. For example, most of the major cases investigated in the economic field are due to the imperfect factor market, which leads to gaps and loopholes in the system and mechanism of land grant, loan grant, project grant and project grant, thus providing the possibility of "abuse of power".
2. From the perspective of restriction and supervision system, the fundamental reason lies in the lack of rigidity in system construction (including relevant policies and regulations) and lack of supervision.
First, the existing system has not yet formed a regulatory system with sufficient coverage. Judging from the current situation, a set of institutional systems from power operation, power restriction to power guarantee has not yet been completed, and most of the existing systems are "treating the headache and treating the foot pain", lacking systematicness, authority, operability and rigor. Outstanding performance is "three more and three less", that is, more principles and less maneuverability; There is more "management" and less procedural; More punishment, less warning. Due to the "partial absence" of the supervision of the system itself on the operation of power, it provides "abuse" space for the operation of power.
Second, there are "interception" and distortion phenomena in the implementation of the system. First, due to the lack of relevant safeguard measures, the executor has concerns about the implementation of the system, such as fear of retaliation, which leads to "empty work becoming a mere formality" and the system cannot be implemented. Second, due to the lack of rigidity of the system, there are still human relations, power relations, family relations and money relations in the social environment, which interferes with the standardized operation of power and makes the phenomenon that "relationship" and "human feelings" are greater than "law" an open secret. Third, judging from the subjective thinking of the executors, some comrades think that there are many supervision systems, but the phenomena of "abusing power for personal gain" and "abusing power for personal gain" are still endless, which leads to the negative thought of "system uselessness", resulting in no real management and management with systems.
Third, the phenomena of "impossible", "difficult" and "powerless" in supervision exist to varying degrees. Power needs supervision, but supervision needs power more. The essence and purpose of supervision is to restrict the operation of power, but the actual situation is that for the subject of power, it is often "impossible" for superiors to supervise in time, "difficult" for peers to supervise effectively, and "impossible" for subordinates to supervise at all. First, in the regulatory thinking, too much emphasis is placed on self-discipline and self-control, and insufficient attention is paid to the mutual control of heteronomy. It is believed that the power subject can self-restrain, self-examine and self-correct in the power operation, thus ignoring the establishment and perfection of the heteronomy mutual control mechanism and forming a "vacuum zone" for the power operation. Secondly, from the subject and object of supervision, due to the "special position" of the power subject in this system industry, supervision lacks clear, specific and powerful guarantee, and the supervision function is difficult to play normally, which makes the operation of power lose its restriction to some extent. Some power subjects have a strong sense of power, and always think that supervision is "in the way", and there are phenomena such as replacing power with words, suppressing power with power, and not obeying rules and regulations.
3. From the perspective of transparency of administrative behavior, the fundamental reason is that some factors that restrict the operation of power are not enough "sunshine operation".
First, the definition of "power" in the exercise of power is vague. In the process of regulating the operation of power, "sunshine operation" is being gradually implemented, but it is more about "things", and the exercise of "power" is only stipulated in principle, without quantitative definition, and there is no rigid constraint on the operation time, operation conditions, operation information feedback and operation procedures of administrative power. This provides an opportunity for abuse of power for personal gain, which makes some violations hidden under the cloak of "legitimacy". As a result, "the program left, and bad style also engaged in it", resulting in "the program idling".
Secondly, the information disclosure in the exercise of power is formulaic and formalized. In practice, there are no corresponding regulations, and there are no specific matters and operational methods for accountability for incomplete, untimely, untrue and evasive disclosure. Some seemingly "sunshine trading" information is actually invalid, which makes transparency and openness a formulaic and formal thing, and it is difficult to fundamentally curb "black-box operation" and abuse of power.
4. From the perspective of punishment means, the fundamental reason is that the comprehensive effect of punishment is not obvious enough.
First, the deterrent effect of punishment means has not achieved the effect of making people dare not think about corruption. Punishment is a means, the purpose of which is education, salvation and prevention, and the purpose is to make the subject of power dare not and do not want to be corrupt. However, the punishment mechanism that can achieve this effect is still far from perfect. For example, there are many policies, systems and strict management measures for "mine disaster", but mine disaster still occurs, and "collusion between government and coal" and corruption still exist. This shows from one side that the punishment method has not deterred people from "not daring to corrupt" and "not wanting to corrupt".
Second, there are not many measures to find the source of anti-corrosion through punishment. Investigating and handling cases is not only to punish corruption, recover economic losses, and play a deterrent and warning role, but more importantly, to find out the measures and methods to prevent it from the source through investigation. However, in punishing cases of violation of discipline and law, it is often handled on a case-by-case basis and simply, without giving full play to the role of punishment in preventing "abuse of power", and the case investigation is not combined with remedial education, special rectification and management, which makes the phenomenon of "abuse of power" repeated.
Third, the countermeasures to standardize the operation of power.
In accordance with the steps and requirements of "reasonable public power, scientific allocation, legal exercise, open operation and supervision in place", we should solidly promote the standardization of power operation and effectively ensure that power runs on a standardized and healthy track.
1. Strengthen the education of the concept of power and establish a correct concept of the use of power. Establishing a correct view of power is the basic premise to ensure the correct exercise of power and the ideological basis to prevent corruption. First of all, we should take the education of power concept as a compulsory course for the training of cadres in party member. Training should be targeted, practical, and teach students in accordance with their aptitude. For example, Longyan combined with the advantages of Soviet area, fully tapped the cultural resources of honesty and diligence in the red land in western Fujian, deepened the understanding of the essence of power by leading cadres, got rid of the consciousness of "official standard" and "privilege", enhanced the consciousness of power responsibility, and used power according to law. Second, we must do a good job in early warning and reminding education. It is necessary to remind clean government education to run through all links from entering the civil service to selection and appointment, exchange and transfer, and performing duties. For example, in terms of early warning, Longyan City held a pre-appointment talk on clean government, and the pre-appointment talk on clean government of major leading collectives of new municipal units and counties (cities, districts) issued the "Responsibility Letter on Building a Clean and Honest Party Style". At the beginning of this year, the main leaders of the municipal party Committee had a collective clean government talk with 35 new "top leaders" of municipal organs; Carry out inspection on the honesty and self-discipline of leading cadres, understand and master the honesty and self-discipline of leading cadres, further enhance their awareness of honesty and self-discipline, educate and protect cadres, and promote the healthy growth of leading cadres; Have a heart-to-heart talk with leading cadres, remind them of minor violations, and always "roll up your sleeves" and "blow the wind". Third, we should carry out demonstration and warning education. Make use of the advanced models around us to carry out demonstration education; Take advantage of typical cases inside and outside the region to carry out warning education, use negative teaching materials to help party member cadres wake up the alarm, enhance their self-discipline awareness in exercising their power, and improve their ability to resist corruption and change.
2. Reform the administrative management system and scientifically set up power. To break the expansion and abuse of power caused by excessive concentration of power, we must start with the reform of administrative management system, scientifically allocate power, standardize the operation of power from the source, and eradicate the soil and conditions of power corruption. First, we must transform government functions. Fully implement the administrative licensing law, give full play to the basic role of the market in resource allocation, improve online examination and approval, realize network docking and interconnection of electronic monitoring systems, and improve the overall level of online examination and approval and electronic monitoring. Second, we must implement power decomposition. Grasp the links such as "clearing power and confirming power, decomposing authority and reengineering process", decompose authority, rationally divide responsibilities and authority between departments and internal institutions of various departments, and properly separate decision-making, implementation and supervision to ensure that every link in the power chain is clean and efficient. Third, we should introduce a competitive mechanism. Further improve the bidding and procurement system, reduce the administrative operation cost of the government, gradually increase the proportion of public goods and services provided by market mechanisms, and reduce corruption caused by power intervention. Fourth, standardize administrative discretion. Established a unified benchmark of administrative discretion, defined the specific standards for exercising administrative discretion, compressed the space of power discretion, and prevented "abuse of power for personal gain" and abuse of power for personal gain.
3. Establish and improve relevant laws and regulations to promote the standardized operation of power. The exercise of public power should not only conform to the substantive provisions of laws and regulations on implementing organs, conditions, scope and methods, but also conform to the procedural provisions on steps, forms, time and order. No one has the right to exercise the power that is not granted by the legal system; The duties stipulated by the legal system must be actively performed. First, speed up the construction of laws and regulations, and strive to have laws to follow. Clarify the rights and responsibilities of the power subject through laws and regulations, and stipulate what kind of power each cadre has within the scope of his work, so that the process of exercising power can be followed. Second, we must pay close attention to the work of "enacting, amending and abolishing" laws and regulations to plug loopholes. Unrealistic, difficult to implement, too general and abstract to leave too much discretionary space for law enforcement officers, should be abolished or revised in time; Accelerate the legislative work of the clean government system, focusing on the legislative work of public officials' personal income declaration, property declaration, income gift registration and official consumption. Third, we must pay close attention to the implementation of laws and regulations. Strengthen the supervision of law enforcement and efficiency in the implementation of laws and regulations, find and solve problems in the implementation process in time, and never engage in "excusable" or "never do it again" to safeguard the implementation of laws and regulations.
4, the implementation of sunshine operation, public power operation. The open operation of power is the inherent requirement of the development of socialist market economy, and the "black-box operation" of power runs counter to the purpose of market economy and must be eradicated. First, we must implement the relevant system of openness in handling affairs. Deepen the openness of government affairs, implement the Regulations on the Openness of Government Information, promote e-government and speed up the process of openness of government affairs. Any use of power that does not involve party and state secrets should be made public, so that the process of power operation can be seen in a glance and the operation of power can be promoted to be open and transparent. Second, we should expand the scope of publicity. The content of publicity should be detailed and specific, and every procedure and key link from production to result should be made public, with the emphasis on openness of government affairs. The openness of cities, counties, townships and villages should reach 100% to prevent "black-box operation" under "sunshine operation" and "power corruption" under normal procedures. Third, we must innovate the open form. In addition to publicity columns, workers' congresses and villagers' congresses as the main carriers, we will focus on innovating public carriers such as hearings, digital factory affairs and digital hospital affairs, urge the establishment of government information reading rooms, and improve government public information websites. Fourth, we should improve the publicity effect. We will expand the people's right to know, to participate, to choose and to supervise, enhance the transparency of power operation, prevent "black-box operation", and form a public force to curb power corruption.
5. Strengthen power supervision and form a strict power operation monitoring mechanism. To strengthen power supervision, we must "restrict power with power" in order to effectively prevent power abuse. First, we must supervise the whole process of power operation. Strengthen supervision in advance, pay attention to the supervision of system design, and ensure the "export" of the system. Strengthen supervision in the process, promptly correct the deviation in the process of administrative decision-making and administrative execution, and prevent problems such as orders that cannot be enforced, prohibitions, abuse of power for personal gain, and abuse of power for personal gain. Strengthen post supervision, focusing on investigating violations of the system. By investigating cases of violation of discipline and law, we urge relevant departments to correct mistakes, improve the system and plug loopholes. Second, we must strengthen supervision over the subject of power. The implementation of the "Regulations on Inner-Party Supervision" and the "Regulations on the Protection of Power in party member" will extend supervision to places where power is exercised, which will not only prevent problems before they occur, but also timely discover, correct and punish violations of discipline and law. Third, strengthen the supervision of specialized supervision institutions. We should actively explore the effectiveness of supervision under the current system. For example, in order to strengthen the party's discipline inspection and administrative supervision, Longyan City has carried out the inspection of honesty and self-discipline of leading cadres at the department level, which has promoted the party and government organs and leading cadres to be honest, diligent, pragmatic and efficient. Fourth, we should strengthen the disciplinary function of supervision. For the power subject who ignores the law and discipline and repeatedly abuses power, it is necessary to increase the punishment, increase the political and economic costs of irregular use of power, and make irregular use of power a high-risk and high-cost behavior.