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1000 words of legal experience! Urgent! High score reward!
"Love the Motherland, Study Law and Create Harmony"
In the previous stage of study, I mainly started from the historical origins and overall framework of law, and learned about the Chinese legal system. Regarding relevant knowledge, below I will make a summary of my study at this stage, focusing on some of my experiences in studying the Fa. I would like to ask my leaders and colleagues to criticize and correct any inappropriate points.
First of all, let’s briefly talk about the history of our country’s legal development.
Our country has a long legal history. The earliest law can be traced back to the Xia Dynasty, which has a history of more than 4,000 years. Because we were in a slave society, the theocratic color of the law at that time was extremely strong. In the later feudal society, the idea of ??heavy punishment and harsh punishment took the dominant position in the legal system, and the law gradually became cruel. For example, we all know that the most severe death penalty in Chinese history - Lingchi, appeared in the Song Dynasty during this period. By the end of the Qing Dynasty, the reform , marked the beginning of modern Chinese law. The laws at this stage mainly reflected the idea of ??abolishing old laws and promoting equality between men and women. In the modern era we live in, what we call law, in layman's terms, is a constraint formulated to maintain normal social order, protect normal personal rights and freedoms, and protect the legitimate rights and interests of citizens, legal persons, or other organizations. Sexual, normative and punitive provisions. It can be seen that law is closely related to our daily life.
Second point, let’s briefly introduce the current legal situation in our country.
Since the reform and opening up, with the increasingly frequent exchanges between our country and the world, coupled with the increase in our country's independent career choices and the floating population, the occurrence of conflicts has increased day by day, and various disputes caused by conflicts have inevitably appeared. , damages and litigation. To solve various problems in a reasonable, procedural and normative manner, we must rely on legal means.
In order to solve a series of problems that have arisen in society and to better maintain social stability, since the Ninth National People’s Congress, the National People’s Congress and its Standing Committee have formulated nearly 60 laws and related laws and regulations. For the determination of legal issues, most of the basic and main laws among the seven legal departments that constitute the socialist legal system with Chinese characteristics have been formulated. The seven legal departments are: Constitution and Constitution-related Law, Civil Law and Commercial Law, Administrative Law, Economic Law, Social Law, Criminal Law, Litigation and Non-litigation Procedure Law. It can be said that our country’s current legal system mainly consists of these seven departments. However, when it comes to the specific content that our country’s legal system should contain, there are differences in society. There are two main views:
One view is that our country’s legal system should only include the Constitution and laws, and not other normative documents. In other words, the legal system should only be a system composed of legal norms. Another view is that my country's legal system not only includes the Constitution, laws, and administrative regulations, but also includes normative documents such as local regulations, autonomous regulations of ethnic autonomous areas, and separate regulations.
Our country’s legislative law provides a reasonable explanation for this issue: his main meaning is that the law is formulated to create norms of rights and obligations, while the formulation of administrative regulations is to realize the rights and obligations created by the law. Standardized services. It can be seen from this that our country's legal system can only be composed of legal norms. In the general sense, administrative regulations, local regulations, autonomous regulations and separate regulations cannot be regarded as components of the national legal system.
The third point is my experience. Through recent studies, I have learned a lot and can have an objective and clear understanding of the current situation of my country's legal system construction. My experience mainly includes the following points,
First: I think the key to learning legal knowledge is persistence. We should pay attention to learning the law all the time, and don’t realize our legal knowledge until we need to use the law. If it is not enough, there will be an embarrassing situation in which the book is used only when it is used.
Second: The purpose of our studying the law is to understand the law, and the purpose of understanding the law is to learn how to use it. This requires us to understand the essence of the law and understand its connotation and essence. I feel that when studying law, you can completely read, understand and integrate it in conjunction with your own reality and experience. Although some legal provisions do not need to be memorized word for word, the context must be understood clearly. At the same time, we also need to listen more, see more, observe more, and accumulate more in our daily lives.
Third, it is: learning the law is important, but popularizing the law is even more important! In real life, there are many people who do not understand the law. For example, some people clearly know that their rights have been violated, but do not know how to use it to protect themselves, so they have to swallow their anger, which affects their normal life and work order; there are also people They act on impulse and put their feelings first, and they can still be justified in violating the law; what's worse, they regard the law as child's play and trample on it wantonly.
Each of us should start from ourselves, use the knowledge we have in studying the law to publicize it to others, and guide others to consciously study the law. Only when everyone understands the law can a socialist society move along the path of harmony. The road for society to develop faster and healthier!
Law-study experience
I believe that the key to strengthening one's legal concept and improving legal quality is to realize the "five haves": First, the goal of governing the country according to law.
Building a socialist country under the rule of law has been determined as the basic strategy of the party and the country and has been written into the Constitution. The core of governing the country according to law is to govern "officials" according to the law, moving from "rule by man" to rule of law, and from focusing on relying on administrative means to relying on legal means. Management requires a team of leading cadres with strong legal qualities to ensure the implementation of the policy that there are laws to abide by, laws must be followed, law enforcement must be strict, and violations must be corrected. Second, the party and the country have called for it. When the Party Central Committee and the State Council approved the "fourth five-year" law popularization plan of the Central Propaganda Department and the Ministry of Justice, they prioritized leading cadres. General Secretary Jiang has also emphasized many times that leading cadres should learn legal knowledge first, learn more, and learn more deeply. The central government has held fourteen legal lectures in succession since 1994, taking the lead in setting an example and leading by example. Leading cadres must respond to the central government’s call, seize favorable opportunities, and devote themselves to taking the lead in studying the law with great enthusiasm. Third, reform and opening up are necessary. The market economy is the legal economy. In order to standardize the socialist market economy, our country has formulated nearly 40,000 laws, regulations and rules, more than 80% of which are implemented by the government. As leading cadres, we must protect the rights of market entities, regulate market behavior, maintain market order, and strengthen Legal knowledge of macro management and practices involved in international economic interactions. Especially since my country joined the World Trade Organization the year before last, it is even more necessary to update its concepts through legal studies and respect the operating rules of the market economy. Fourth, there are requirements for self-construction. Leading cadres hold a certain amount of power respectively. They are the organizers, managers and decision-makers of various undertakings. They are also the leaders of socialist modernization. Whether they are good leaders in learning and using laws, whether their own legal concepts are strong, and whether they are strict Whether law enforcement can be done or not will directly affect whether a large number of departments in charge can handle matters in accordance with the law. Leaders take the lead in learning and applying the law, and can also mobilize the enthusiasm of the cadres and the masses to learn and use the law. Fifth, the people have aspirations. Through years of legal education, citizens have not only actively demanded that state agencies administer justice in accordance with the law, but also be able to use legal weapons to protect their legitimate rights and interests. According to statistics, about 70% of the cases involving petitions involve the law. At the same time, the number of cases of "people suing officials" has also increased year by year. This further proves that leading cadres to learn the law is not something that can be learned, but must be learned. It is imperative. OK, it must be put on the important agenda and treated as a major event.
By participating in the legal training class of the ** County People's Congress, I have had a qualitative change in my profound understanding of legal provisions from superficial understanding to deep connotation. Comparing the knowledge learned, combining it with my own work, and connecting it to governing for the people and acting in accordance with the law, I truly feel that the law is both a protective mirror and a treasure for a grassroots cadre.
——Understanding the importance of studying law
Legal education has been carried out for more than ten years. With the continuous popularization of legal knowledge and the obvious enhancement of citizens’ legal awareness, cadres at all levels Administering in accordance with the law and managing in accordance with the law have continuously improved the consciousness of maintaining social stability and promoting economic development. Based on my own work experience, I believe that the lack of legal knowledge, imperfect application of law, and imperfect legal system have greatly hindered economic development and caused various contradictions. No matter in the way of work or in the field of decision-making, they are always accustomed to using administrative means to manage economic and social affairs, but are not good at using legal means. Although the importance of studying law is recognized, the knowledge preparation is insufficient; although the fair value of the law is understood, confidence is insufficient; although there is certain legal knowledge, the ability to act in accordance with the law is low. With the general strengthening of citizens' awareness of the rule of law, the thoughts, words and deeds of leading cadres are openly being judged by the masses. Therefore, as the top leader at the grassroots level, he must not only learn and use legal knowledge well himself, but also guide the masses to learn legal knowledge well and use the law to communicate ideas, integrate emotions, streamline work, safeguard justice, achieve harmony, and seek development. . Especially in a rapidly developing economy and society, the disparity between the rich and the poor and the greed for quick success have broken the balance of mentality. Blind development has caused serious ecological deficits in land, water resources, forests, energy, etc., and the expansion of selfish desires has taken over. The position of the law. When I face the foolish practices, the entanglement of greed, the harsh questioning, the lack of understanding in doing something, and the difficulty of running a business, I deeply feel: the lack of legal awareness and the lack of law enforcement The paleness hinders development so mercilessly. Therefore, this more than one month of legal knowledge study has been a great encouragement to me, and it is also a great harvest. Not only did I get rid of the confusion and confusion caused by the lack of legal knowledge, but I also gained tremendous wealth from increasing legal knowledge. Therefore, learning the law is important, usage is inevitable, and law enforcement is the key.
——Insist on the consciousness of studying law
As a grassroots leader, strengthen the study of laws and regulations in daily life, constantly enhance legal awareness and legal concepts, and improve one's own legal quality and The ability and level of administration according to law is a major matter related to the vital interests of the broad masses of the people and the image of the party committee and government in the minds of the people. I deeply understand that to be a deputy to the National People's Congress, one must learn the "Representative Law"; to engage in administrative affairs, one must learn the "Civil Servant Law" and "Administrative Licensing Law"; to grasp production, one must learn the "Agricultural Law" and "Land Law"; to plant trees and afforestation, one must learn well "Forest Law"; for project introduction, you must learn the "Environmental Protection Law"; for eugenics and post-nursing education, you must learn the "Family Planning Law"; for mediating disputes and maintaining stability, you must learn the "Civil Law" and "Criminal Law", etc., every job involves law regulations.
To learn deeply and thoroughly, you cannot rely on superior arrangements. You must form a conscious, orderly, and focused learning atmosphere and habits. Only by continuous learning, continuous enrichment, and continuous understanding can the concept of performing duties in accordance with the law be enhanced, and your own legal quality can be enhanced. Significantly improved.
——Improve the skill of usage
The purpose of learning the method is to use it better. By learning from books and practicing, I deeply feel that only by closely integrating the study of legal knowledge with acting in accordance with the law, closely integrating with management work, and closely integrating with hot issues of concern to the masses, we can make decisions on major issues involving economic construction and social development. , Only by fully demonstrating and making decisions in accordance with the law can we use legal means to solve new situations and new problems that arise in reform, development, and stability. How to use it? I think:
The first is to tighten "one string" mentally. When you plan to do something, you must first put a question mark in your mind, and if it is in compliance with the law, you must plan and plan; when you plan to say something, you must first think about whether the people are willing to listen, how they will react after hearing it, and what the effects and consequences will be. Put yourself in someone else's shoes and think about it over and over again. You have to deal with yourself first until you say it's fair, just and in accordance with the law.
The second is to wear the "two threads" at work. As a secretary, a mayor, and a deputy to the National People's Congress, we must get down to the grassroots level, examine issues from the masses' perspective, and communicate with the masses with true feelings from the heart. Regarding the issue of land acquisition compensation for the 600,000-ton methanol project of the "July 1st" coal mine this year, the masses could not understand it for a while, so I insisted on "putting myself in their shoes". In addition to receiving the visiting masses in person, I visited the fields, entered farmers' households, and sat in pit pits many times. , talking about the "Land Law" and the national land expropriation compensation policy. If I couldn't explain it once, I would explain it several times. If I couldn't explain it verbally, I would print it out one by one and send it to the people. After repeated propaganda and explanation, the people were relieved of their doubts and finally reached the goal. A legal, reasonable and reasonable land occupation compensation agreement was concluded. Through this incident, I deeply felt that it is not enough for me to have legal knowledge. I must also let the masses have legal awareness. No matter how small the eye of the needle is, these two threads, the masses and the country, must pass through and merge into one thread.
The third is to control the "three barriers" in decision-making. I have always believed that to serve the people and benefit the people, we must govern and make decisions in accordance with the law. Faced with the current situation of Huiting, which is "large in land, sparse in resources, poor in wealth, and poor in people", I once wanted to set off the "three fires" to burn it brightly and chop down the "three axes" to have a good time, build a foundation, adjust production and increase income. Attract investment and develop tourism in one step. The idea is good, but it's not easy to do. As I continue to strengthen my legal awareness, I understand a truth that is consistent with reality and reflects public opinion. As long as decisions are made in accordance with the law, no matter how hard the rock is, I will gnaw on it. I realized that if you want to accomplish something big, you must also grasp the "three hurdles." That is:
——Legal. The law is the criterion, the law is supreme, the law is supreme, and the law is most precious; learning the law enriches one's knowledge, using the law to protect the people has won the hearts of the people, and it is easy to act according to the law.
——Public relations. Disclosure is the window for administration according to law. In recent years, there have been many national compensation policies, which have brought great benefits to farmers. However, if they are not properly grasped, unstable factors and illegal incidents will occur. Only by making various compensation policies and standards public and accepting the supervision of the general public can we ensure stability. .
——Administrative level. Administration according to law is the most effective behavior of government work. Every specific behavior of cadres at work can reflect the image of the government. In specific work, as a leader or team member, you must set an example in learning the law, be a pioneer in using it, and perform your legal duties. The use of administrative power is most often, extensively, and closely related to the interests of the public and the personal interests of citizens. Learning legal knowledge, establishing the concept of the legal system, and advocating the authority of the legal system are effective ways to achieve administration according to law, fair administration of justice, and overcome the problem of using words to represent law and enforcing the law with power.
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