Continuously improve the level of comprehensive law enforcement in agriculture
Comprehensive law enforcement of agriculture is a special law enforcement that gives the power of administrative punishment to the agricultural sector by laws, regulations and rules, centrally and uniformly handed over to the specific law enforcement agencies set up within the agricultural sector. The implementation of comprehensive agricultural law enforcement is in line with the objective requirements of agricultural law enforcement, and it is also an important measure to implement the requirements of national laws and relevant documents of the State Council, to promote the management of agriculture according to law, to promote agriculture according to law, to protect agriculture by law enforcement, and to effectively curb the phenomenon of harming farmers. Important measures to maintain social stability in rural areas and increase agricultural income are in line with the fundamental interests of the overwhelming majority of farmers and the direction of the reform of agricultural law enforcement system. At present, agricultural law enforcement management has the characteristics of many points, wide range and long line, which virtually results in a chaotic and disorderly situation of agricultural law enforcement, and there are many problems, so there is an urgent need for a comprehensive agricultural law enforcement agency and personnel assessment standards.
The composition of the examination Index system of Administrative Law Enforcement
From the point of view of the index category, we should deal with the relationship in the following aspects:
(1) the relationship between subjective indicators and objective indicators. In the design of the index system, the objective index should be used as far as possible, the weight of the objective index in the total score structure should be increased, and the subjective index can be relatively "hardened", that is, it can be divided into several grades, such as satisfactory, relatively satisfactory and dissatisfied, and converted into corresponding scores. Then add up with the objective index score to synthesize the total score of the evaluation.
(2) the relationship between input indicators, process indicators and output indicators. Input indicators such as human and financial input in the initial stage of administrative law enforcement, process indicators such as daily performance of administrative law enforcement, output indicators are work performance. The evaluation of the effect of administrative law enforcement should take into account the input indicators, process indicators and output indicators of administrative law enforcement, but should focus on the investigation of output indicators and the actual effectiveness of administrative law enforcement.
(3) the relationship between positive indicators and negative indicators. Positive indicators, also known as "positive indicators", reflect the achievements and progress of administrative law enforcement; negative indicators, also known as "inverse indicators", reflect the problems and negative aspects of administrative law enforcement. The evaluation index system of administrative law enforcement effect is mostly positive indicators, but it is necessary to set a certain number of negative indicators to comprehensively evaluate the effect of administrative law enforcement from both positive and negative aspects.
(4) the relationship between absolute index and relative index. The absolute index is to use the absolute number, that is, the total statistical amount, to reflect the situation of administrative law enforcement. However, due to the differences in the basic conditions, scope of responsibility and difficulty of work of different evaluation objects, it is not reasonable to compare the absolute index directly. Therefore, relative indicators should be used. At present, the absolute index is used to implement the "one-vote veto" for major agricultural product quality and safety accidents.
From the technical requirements of the index design, we should pay attention to the following problems: the accuracy of the index; the concreteness of the index; the completeness of the index; the feasibility of the index; the independence of the index.
The content of specific indicators for the assessment of comprehensive agricultural law enforcement agencies
(I) related concepts
1. Agricultural administrative departments: refers to the administrative authorities in charge of planting, animal husbandry (grassland), veterinary, fishery, land reclamation, township enterprises, feed industry and agricultural mechanization.
two。 Agricultural administrative law enforcement agencies: refers to agricultural administrative institutions authorized by laws and regulations that exercise the functions and powers of agricultural administrative law enforcement according to law, agricultural administrative comprehensive law enforcement agencies established by agricultural administrative departments in accordance with the law, and agricultural administrative agencies entrusted by agricultural administrative departments to carry out administrative law enforcement functions and powers in accordance with the law.
(2) the subject of assessment
The Ministry of Agriculture shall be in charge of and guide the assessment work of agricultural administrative law enforcement agencies throughout the country. Local agricultural administrative departments at various levels shall, within the scope of their respective functions and duties, be responsible for managing and organizing the assessment of agricultural administrative law enforcement agencies within their respective jurisdiction. The legal work organs of the agricultural administrative departments at all levels shall be responsible for organizing and implementing the assessment work of the agricultural administrative law enforcement agencies under their jurisdiction. Where a provincial comprehensive agricultural law enforcement agency is established, the provincial agricultural comprehensive law enforcement agency shall be responsible for organizing and implementing the assessment work of the agricultural administrative law enforcement agencies within their jurisdiction.
(3) contents of the assessment
It shall include the construction of administrative law enforcement agencies, the work of the legal system, the building of law enforcement personnel, the work of administrative law enforcement, the supervision of administrative law enforcement, the performance of administrative law enforcement, the handling of administrative reconsideration, administrative litigation, state compensation and complaints, the implementation of reporting and supervision matters, social evaluation, and other contents that need to be assessed.
(4) Organization and implementation of assessment
The agricultural administrative departments at all levels shall set up an assessment leading group with the person in charge of the department as the group leader and with the participation of all relevant departments or institutions to carry out the assessment work of agricultural law enforcement agencies and carry out the assessment work in a specific way, it can be combined with the annual work tasks, appropriately adjust the assessment contents, and determine the key areas and projects for the assessment. The assessment shall be based on the percentage system, and the scores of each assessment content shall be determined according to the scope of the assessment content. The agricultural administrative department at the provincial level shall determine unified assessment items and scoring standards according to the actual situation of the local and the system. The assessment results of law enforcement agencies shall be based on the annual score, which is divided into three grades: excellent, up to standard and substandard.
The following assessment methods are adopted:
The assessment adopts the combination of self-examination and self-evaluation, centralized assessment, mutual examination and mutual evaluation, and social evaluation. The main methods include: reviewing relevant report materials and listening to reports; organizing on-site inspection or undercover visits; reviewing law enforcement files and consulting relevant documents and materials; conducting special work inspection or case investigation; conducting legal level tests for administrative law enforcement personnel; data statistics and report analysis; holding symposiums; issuing law enforcement assessment and evaluation cards; setting up public comment boxes; and reporting and complaint centers for feedback. Hire supervisory commentators; distribute questionnaires; conduct opinion polls.
Schedule of assessment:
The assessment work of agricultural administrative law enforcement agencies shall be carried out at least once a year. The competent agricultural administrative department at or below the provincial level shall submit in writing the evaluation and assessment of administrative law enforcement in that year to the people's government at the corresponding level and the agricultural administrative department at the next higher level.
Supervise the implementation of the assessment:
1. Supervision at a higher level: the agricultural administrative department at a higher level may review the assessment results of the agricultural administrative department at a lower level. If problems are found in the assessment, suggestions for rectification and reform shall be put forward in a timely manner.
two。 Assessment reconsideration: if the assessed unit has any objection to the assessment result, it may, within 15 days from the date of notification of the result, submit a written appeal to the department in charge of the assessment, and the assessment organ shall conduct a review within 10 days from the date of receipt of the appeal, and notify the appeal unit in writing of the result of the review.
(5) examination results and their application
The assessment result of agricultural administrative law enforcement agencies is an important index to measure the work performance of agricultural administrative departments and their subordinate law enforcement agencies. Units that are rated as excellent in the assessment of administrative law enforcement agencies shall be notified and commended by the assessment organs in accordance with the relevant provisions. Units that are rated as failing to meet the standards in the evaluation and assessment shall be disqualified for the first evaluation in accordance with the relevant provisions, and the administrative law enforcement responsibilities of the units and their relevant responsible personnel shall be investigated.
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