论文部分内容阅读
如何进一步提高民政工作法制化水平,笔者认为应处理好以下六个关系:一是正确处理法律实体与法律程序的关系。我国有关民政的立法主要是实体性立法,而《行政诉讼法》已明确把“违反法定程序”列入可诉范围。这就要求民政执法人员在执法过程中应把程序法摆在与实体法同等重要的位子上.通过进一步完善调查取证.实施处罚、采取强制措施和内部协调等一整套执法程序.切实按照法定程序处理民政事务,从程序上确保执法行为的合法性。
How to further improve the legal level of civil affairs work, I believe that the following six relations should be handled: First, the relationship between legal entities and legal procedures should be correctly handled. Our country’s legislation on civil affairs is mainly substantive legislation, and “Administrative Procedure Law” has clearly included the “violation of legal procedures” can be included in the prosecutor’s area. This requires that civil law enforcement personnel should put procedural law in the same important position as substantive law in the process of law enforcement, complete a complete set of law enforcement procedures through further improvement of investigation and evidence collection, imposition of sanctions, coercive measures and internal coordination, etc. In accordance with legal procedures Handling of civil affairs, procedural law enforcement to ensure the legality.