Thoroughly implement the spirit of the fourth Plenary session of the 18th CPC Central Committee and comprehensively promote the rule of law in agriculture

The decision of the CPC Central Committee on several Major issues of comprehensively promoting the Rule of Law (hereinafter referred to as the "decision"), examined and adopted at the fourth Plenary session of the 18th CPC Central Committee, profoundly answered such major questions as what kind of rule of law to take in today's China, what kind of country under the rule of law, and how to build a socialist country under the rule of law, and pointed out the correct direction of comprehensively promoting the rule of law. For the first time, the plenum took the rule of law as the theme and made major arrangements for comprehensively promoting the rule of law. Agricultural departments at all levels should conscientiously study and implement the spirit of the fourth Plenary session of the CPC Central Committee, deeply understand the scientific connotation of the road of socialist rule of law with Chinese characteristics, and comprehensively promote the construction of the rule of law in agriculture in the light of China's basic national conditions and the reality of agriculture and rural areas. efforts should be made to improve the level of agricultural administration according to law.

The construction of agricultural rule of law is an important part of the construction of socialist rule of law, and agricultural administration according to law is an important part of building a government ruled by law. Since the reform and opening up, China has made remarkable achievements in the construction of the rule of law in agriculture, the system of agricultural laws and regulations has been basically formed, the agricultural law enforcement system has been established, agricultural administration according to law has been further promoted, and the atmosphere of the whole society in promoting and protecting agriculture in accordance with the law has become increasingly strong. At present, China is in a critical period of transformation from traditional agriculture to modern agriculture, rural reform has entered a critical period and deep-water areas, in-depth promotion of agricultural and rural reform and development, to achieve the "synchronization of the four modernizations", there is an urgent need to further play the role of the rule of law as a guarantee and escort.

Strengthening the construction of the rule of law is the objective need to consolidate the basic position of agriculture. The good economic situation in agriculture and rural areas in recent years has first benefited from a series of policies of the central government to strengthen and benefit farmers. At present, the outstanding problem is that many policies on agriculture, rural areas and farmers have not been legalized, and they have often worked hard to win them this year, and they do not know whether they will be settled next year, whether there will be new variables, and the lack of open and stable expectations. There is an urgent need to fix the mature "three rural" policies and the achievements of agricultural and rural reform in legal form as soon as possible, so as to ensure the continuous improvement of the level of agricultural support and protection with the clarity, stability and coercive force of the law. The same is true in the protection of agricultural resources and environmental governance, the lack of legal protection barriers, the lack of rigid constraints, rigid means.

-- strengthening the building of the rule of law is an important guarantee for comprehensively deepening rural reform. At present, the task of rural reform is arduous and complex, the policy is strong, and it involves a wide range of areas. many of them affect the whole body, and many complex interests need to be properly adjusted. it is urgent to take the rule of law as the basic way and important carrier to deepen the reform. we should promote reform on the track of the rule of law, dredge the torrent of reform and resolve the accumulation of contradictions in a timely manner. We should reduce and alleviate the social shocks and transformation pains brought about by the reform, and ensure that the reform can proceed smoothly, avoid detours and make mistakes in the direction through the rule of law. In addition, many reforms in rural areas need to break through the existing laws, and first of all, we need to promote the revision, reform and interpretation of the law, so that major reforms are based on the law.

-- strengthening the construction of the rule of law is a realistic requirement for standardizing the order of agricultural production and management. With the continuous improvement of the degree of marketization of agriculture, the main bodies of agricultural production and operation are becoming more and more diversified. while the production and marketing of agricultural products and agricultural materials markets are booming, the problems of illegal production and operation, illegal addition, license infringement, fake and shoddy are more prominent. Market monopoly, malicious speculation and other chaotic phenomena emerge one after another, which have a serious impact on the quality and safety of agricultural products and the stability of the market. The main reason is that the grass-roots law enforcement ability can not keep up and the supervision after the event is not in place, so there is an urgent need to deepen the reform of agricultural law enforcement system, improve the level of agricultural law enforcement, and strengthen law enforcement supervision.

-- strengthening the construction of the rule of law is an effective way to safeguard farmers' rights and interests. At present, in some places, the conflicts of interest caused by land requisition and occupation, land circulation, resource development and environmental pollution are intensified, and questions that damage farmers' rights and interests occur from time to time, and some even evolve into group incidents. At the same time, with the increasing awareness of democracy, rights, law and supervision among the peasants, the requirements and expectations for administration according to law, fair administration, democratic administration and transparent administration are also increasing. We must give full play to the role of the rule of law in determining points and stopping disputes, and promote the formation of a good legal environment in which handling affairs in accordance with the law, finding ways to deal with problems, solving problems, and resolving contradictions depend on the law.

-- strengthening the construction of the rule of law is an important part of speeding up the transformation of government functions in agricultural and rural areas. Market economy is an economy ruled by law. With the increasing diversity of the main body of agricultural production and operation, the continuous extension of the agricultural industrial chain, and the improvement of the agricultural product market system, the traditional management methods such as seed promotion and harvest, planning and order are no longer needed. The main body of the market hopes that government management will be more standardized, legalized, stable, transparent and predictable, and give full play to the enthusiasm, initiative and creativity of grass-roots units and farmers. All these require the agricultural sector to innovate the concept of management, change government functions, and strive to improve the ability to manage and develop agricultural and rural economy in the way of thinking and rule of law.

To strengthen the construction of agricultural rule of law, we must grasp the key areas and key links, and focus on the formation of a complete system of agricultural laws and regulations, an efficient agricultural administrative law enforcement system, a sound mechanism of administration according to law and an effective mechanism of propaganda and education of the rule of law, so as to comprehensively improve the level of the rule of law in agriculture.

First, we should always firmly establish a sense of the rule of law. Leading cadres at all levels in the agricultural system should take the lead in learning and abiding by the law, and the vast number of cadres and workers should firmly believe in the rule of law, adhere to the concept of the rule of law, adhere to the spirit of the rule of law, and improve their ability to think about the rule of law and handle affairs in accordance with the law. We should strengthen the consciousness of the supremacy of the constitution and the law, maintain the awe of the constitution and the law, tighten the red line of the law, and the bottom line of the law cannot be crossed. Enhance the legal awareness of power, adhere to the law without authorization can not be done, think, make decisions, and do things should follow the legal authorization, legal rules and legal procedures. Enhance the sense of consistency of powers and responsibilities, adhere to legal duties, resolutely overcome laziness and neglect of government, resolutely punish dereliction of duty and dereliction of duty, so as to "have the law in mind, find the law in case of trouble, and never leave the law."

The second is to promote the improvement of agricultural laws and regulations. The "decision" stresses the need to formulate and improve laws and regulations on agriculture. The agricultural sector should focus on ensuring national food security and the quality and safety of agricultural products, improving the agricultural support and protection system, improving the basic management system in rural areas, protecting the rights and interests of rural collective economic organizations and farmers, standardizing the behavior of new types of agricultural operators, protecting agricultural resources and environment, and other key areas and weak links, systematically sort out the requirements of agricultural legislation, and pay close attention to the formulation and implementation of legislation to amend the law from 2015 to 2020. At present, the focus is to speed up the process of revising laws and regulations such as the seed Law, the Agricultural products quality and Safety Law, the Fisheries Law, the regulations on the quality Protection of cultivated Land, and the regulations on Livestock and Poultry slaughtering, and actively participate in the formulation of the Grain Law. It is necessary to grasp the key to improving the quality of legislation, adhere to scientific and democratic legislation, and ensure that agricultural laws and regulations are standing, feasible, and effective.

Third, strengthen the implementation of agricultural laws in an all-round way. Compared with the formulation of laws, the implementation of agricultural laws is still short. Great efforts should be made to do a good job in the implementation of agricultural laws, study and solve various obstacles that restrict the effectiveness of laws, and strengthen weak links. The "decision" clearly points out that agriculture, forestry and water conservancy should be regarded as the key areas for promoting comprehensive law enforcement, and cross-departmental comprehensive law enforcement can be promoted in areas where conditions permit. The agricultural sector should unswervingly promote comprehensive agricultural law enforcement and establish an authoritative and efficient agricultural administrative law enforcement system with unified powers and responsibilities, and must not follow the old road of decentralized law enforcement and multi-headed law enforcement. Straighten out the relationship between comprehensive law enforcement agencies and industry agencies, industry agencies are mainly responsible for industry planning, industry guidance, administrative examination and approval, inspection and other prior management functions, comprehensive law enforcement agencies are mainly responsible for supervision and inspection, administrative enforcement, administrative punishment and other post-supervision functions. We will promote the downward shift of the focus and strength of agricultural law enforcement to cities and counties, integrate and increase investment in law enforcement, strengthen practical training in law enforcement, improve the system for law enforcement personnel to take up posts with certificates and qualifications, strictly enforce law enforcement procedures, unify law enforcement documents, and strive for a unified dress for law enforcement. We will strengthen cooperation in law enforcement and enforce the law in a strict and civilized manner. At present, the focus is to investigate and deal with fake and shoddy agricultural materials and unqualified and unsafe agricultural products, and crack down on illegal acts such as damage to agricultural resources and environment.

Fourth, improve the working mechanism of administration according to law. To promote agricultural administration according to law, it is important to improve the specific working mechanism. It is necessary to adhere to scientific and democratic decision-making in accordance with the law, regard public participation, expert argumentation, risk assessment, legitimacy review, and collective discussion decisions as legal procedures for major administrative decisions, and actively implement the system of examining the legitimacy of major administrative decisions. We will strengthen power restriction and supervision, focus on agriculture-related subsidies, major projects, administrative examination and approval, and administrative penalties, promote the openness of government affairs, and implement the power list system. We will adhere to the combination of streamlining administration and delegating powers and administration, continue to abolish the decentralization of agricultural administrative examination and approval projects, implement "one-stop" examination and approval, and strengthen the convergence and implementation of examination and approval items after decentralization. We should do a good job in political reconsideration, letters and visits related to agriculture, and mediation and arbitration of disputes over rural land contracting and management, and maximize the resolution of contradictions and disputes at the grass-roots level.

Fifth, strengthen publicity and education on the rule of law in agriculture. Publicity and education in popularizing the law and abiding by the law is a long-term basic work, which should be carried out unremittingly. It is necessary to improve the system of learning and using laws for cadres in agricultural departments, regard constitutional laws, awareness of the rule of law, thinking of the rule of law, and ability to handle affairs according to law as important contents of cadre training, and appropriately increase the proportion. We will step up education on the popularization of the law among farmers, adopt ways loved by the peasant masses, extensively publicize laws and regulations closely related to agricultural and rural production and life, and guide farmers to adopt legal means to resolve disputes and safeguard their own rights and interests.