Studies On Obstacles And Methods To Promote Administration By Law In Grass-root Governments

Administration by law is the core and key of ruling by law in our country, a must to develop socialist democratic politics as well as the urgent requirement to build socialist market economic system. More important, it is a symbol of building modern civilization. It marks our country's state policies have been operating in a legal orbit. The significance and the nodus of promoting administration by law both lie in grass-root areas. As the smallest administrative units in our country's administrative system, grass-root governments are the most forward fronts to carry out administration by law. There are 39,000 such governments and millions of public servants who are keeping in touch with the masses mostly and directly in the whole country. Whether the grass-root governments can administrate by law matters to the whole level of our country's administration by law and the whole process of building a country under the rule of law, to a large extent. It is of great significance to promote administration by law in the grass-root governments in the process of building the new socialist countryside and developing socialist democracy and governing by law both theoretically and practically:the key to carry out the strategy of governing the country by law and to realize administration by law in the countryside; the guarantee of solving the "Three Rural Issues "(issues of agriculture, farmer and rural area) to build new socialist countryside; the fundamental requirement to construct a government of "uncorrupted, diligent, pragmatic and efficient"; the realistic need to consolidate ruling base of the Party as well. However, reasons existing that restrict the development and the performance of administration by law in the local governments are as follows:the lag-behind of the present legislation of rural grassroots, the lack of legal consciousness of the cadres and the masses in rural areas, the culture atmosphere of tradition, habit and the patriarchal clan social structure in grassroots, and the imperfect monitoring system of administrative behavior of the rural governments, etc. Therefore, now our urgent task and goal is to solve these problems in order to complete the legal construction in the rural areas, to improve the level of ruling by law in our country and to promote the construction of a harmonious society.Observing the new urgent demand of administrating by law in the grass-root government, the author of this paper, taking the instance of A town in Qingdao, China, from the origin, the connotation and the requirement of administration by law, analyzes the serious problems caused in the process of it from the perspective of legislation, enforcement, environment and supervision of law, etc. The thesis holds that reasons for difficult carrying-out of administration according to law are various, such as legislation loophole, current enforcement system restriction, including both subjective and objective factors. These matters altogether add difficulties to the administration by law for the grass-root governments. Based on analysis above, some measures we should take are presented:strengthen and improve the basic quality of administrative legislation; enhance the legal consciousness and enforcement level of grassroots cadres; complete the administrative decision-making mechanism of local government; cultivate an excellent social atmosphere for law enforcement by consummate the local administrative law-system and caders-checking system; crack down the black evil forces of sectarian severely to purify the soft environment of law-based administration; reform the administrative supervision system to make best use of it; finally, enhance the social self-governing function and establish a virtuous interaction mechanism which is closely connected between administration of governments and self-management of the populous.