| In this article,through the normative analysis and positivismanalysis of the present situation on the legal institution in ourcountry to control forest diseases and pests,around the mainaspects of legislation,executing of the law,supervision,interestsrelationship,citizen's law accomplishment , and naturalfactors,pointed out the main impedient factors in theimplementation of the institution,then put fordward thecountermeasures and suggestions. Abstracts of main contents areas follows:1. Impedient factors in the implementation of the institution1.1 Legislation'faultinessLegislation lags and doesn't adapt to development of new situation;The ability of the established institution is weak and thecompulsive power is not strong; legislation is not detailed, notspecific and the law responsibilities are not clear; degree of themass participation in the course of the legislation is low,effective investigation lacks; system of the legislation needs tobe made perfect and techniques of the legislation needs to beimproved; some other law systems are more or less related with lawsystems on controlling forest diseases and pests, but harmony isweak, accordance is not strong.1.2 The execution of the institution meet difficultiesThe whole structure of systems is not reasonable, innerconstruction is not harmony; circulated mechanism is not smooth;the execution is not standardized, the ability of the execution isnot high; law propaganda and popularization is not excellent, theinformation about the institution is not very open. Functions arenot in order, status is not high, outlay is deficient, lawcriterions have conflicts with execution source etc. All theseproblems have put execution into difficulties.1.3 Supervision is not sufficientThe structure of the supervision is dispersed, the function is infoul-up.The objects are not complete makes it have no balance, andtreated the objects not well makes it have no deterrence. The aimsare too extensive and indistinct. The measures are not inpracticable; pay more attention on administration efficiency thanon backing of the supervision is not sufficient.1.4 The interests relationship is complex, tendency to interestis seriousThe ceaseless adjustment of the interests relationship makes theinstitution can not adapt to the new situation. Improper ideas aboutachievements results in despise the citizen's interests. Economicinterests tend to some section or some field seriously.Individuals'interest contradicts with public interests, interestin the implementation lost balance. The benefits to the society ofthe institution received not enough recognization. Every kind ofunjust interest restrict the implementation of the institution.1.5The background of the society and historical root causesobstaclesContradiction between the institution and traditional culturemakes the spirit of the law can not reach the society and thecitizens'hearts.deeply ,that means the transforming course of theinternality of the institution meets obstacles, that makes it cannot be understood easily and accepted correctly. Then many peopledeviate from the prediction of the legislation, as a result, weakensthe society effects of the legislation.1.6 Citizens'law accomplishment lowOur society do not know the importance of the institution well, thelaw consciousness and the thoughts of the whole society is notstrong, in addition to culture accomplishment is not good, andculture knowledge structure is not reasonable.1.7 Natural factors'effectThe taking place of the forest diseases and pests depends on naturalfactors to a high extent, the implementation of the institution isnot skillful.2 The countermeasures to guarantee the implementation of theinstitution2.1 Make the legislation perfectQuicken the steps of the legislation, improve its quality, changethe situation that the implementation base is provide with suitable,strong and practicable institution, prevent and reduce the notstandard action. Try to make the government'legislation and theprocedure perfect. Make the legislation a whole, pay attention toits stability.2.2 Improve executing the lawStrengthen and perfect the executing the law, adapt to the questof the situation, fasten the change of the executing system,strengthen the systematisation establishment, deepen the reform,intensify management, project the important aspect, make out awhole and push on steadily, establish management system andfunction mechanism which suit to the socialistic market economy.Try to raise money, improve the finance support, develop scientificresearch positively,earn much science and technology support.Carry out the prevention and cure demonstration, apply engineeringmanagement. Establish the forecast and early-warning system offorest diseases and pests.Perform the authority in popedom andprocedure determined by law, law,fulfill the duty, strengthenthe power.Our government should transform the function,take on theimportant duty.Stick to the law principles,make executing the lawmore open,earn much participation. Enhance the internationalcooperation, try to cope with the inbreak forest diseases andpests.Improve the forestation and management, carry out theintegrated management. Pay attention to the sustainabledevelopment of forest, improve the ability which is immune to thediseases and pests.2.3 Strengthen the regulationPerfect the mechanism, make the regulation of people's congressthe main body, citizens'or organizations'and parties'andregulation the base, government's regulation the supplement,consensus'and judicatory's regulation the support, all thesekinds of regulation ties in with each other. Carry out regulationduty.2.4 Harmonize and regulate the interests relationshipStop and overcome the local protection and the tendency of somesection only trying to pursue the interests. Try to gain balancebetween the institution, environment protection and economydevelopment. Definite the power from origin2.5 Improve the citizens'law accomplishmentPersevere to popularize the of the institution. Study and practicethe institution, intensify on politics education , cultureeducation and operation training,etc..To guarantee the implementation of the institution is a long-termengineering project. It is necessary to start from the ecosystemsafety and constructment,ecology civilization. Make the status andthe duty of the main part in execution clear. Improve the propagandaand education to make the executor and law-abiding man form thehabbit of obeying the institution ,try to gain a good effect. Atpresent, the most protruding task is to solve the problems of... |
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