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党的十八大报告提出,要完善基层民主制度,在加强和改进社会管理上要突出“法治保障”。“法制副主任”制度强调“法治”力量,在培育基层民主法治意识,畅通矛盾纠纷化解渠道,满足基层群众日益增长的法律服务需求、提升百姓幸福指数等方面发挥了积极作用,是惠州市加强社会建设、推动基层民主法治建设的又一抓手。“法制副主任”制度得到了省、市的高度重视和极力推广。然而作为加强基层民主法治建设的一种新机制,虽然取得了不错的成效,但也还必然存在着一定的困境和难题。笔者结合当前中国的法治环境,试从法律意识、法外环境因素和法律执行角度,指出“法制副主任”制度存在的一些问题,从而提出在推行“法制副主任”的过程中应该树立起法律权威的一些个人见解。
The report of the 18th CPC National Congress put forward that in order to improve the grassroots democracy at the grassroots level, we should emphasize “guaranteeing the rule of law” in strengthening and improving social management. The “deputy director of the legal system” emphasizes the power of “rule of law” and has played an active role in fostering grassroots democracy and the rule of law, opening up channels of resolving contradictions and disputes, satisfying the growing demand for legal services of grassroots people, and raising the people’s happiness index. Huizhou is to strengthen social construction and promote the construction of grassroots democracy and the rule of law another starting point. “Legal Deputy Director ” system has been the provincial and municipal attaches great importance to and strongly promote. However, as a new mechanism to strengthen the building of grassroots democracy and the rule of law, although it has achieved good results, it still has certain difficulties and problems. Based on the current legal environment in China, the author attempts to point out some problems existing in the system of “deputy director of legal system” from the perspectives of legal awareness, extra-legal environmental factors and law enforcement, and puts forward that in the process of implementing the “deputy director of legal system” Some personal opinions on legal authority should be established.