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山西省人民政府法制局局长刘新在近日召开的全省法院行政审判工作会议上发表讲话,他说:加强行政审判工作是推进我国民主法制建设进程的必然要求。党的十一届三中全会以来,随着行政诉讼法、行政处罚法、行政复议法、立法法的颁布和施行,行政审判的重大作用日益显示出来。这些基本法律明确了行政审判的法律地位,破除了多年以来“民不能告官”的陈规,有利于对行政机关的依法行政实施有效的监督。近年来,我国社会主义法制建设取得了巨大成就,但由于我们还处在初级阶段,一些制度特别是对权力的监督机制还没有很好地运转起来。就依法行政来讲,存在问题不少:(1)喊在嘴上,以言代法,以权压法的现象屡见不鲜;
Liu Xin, director of the Bureau of Legal Affairs of the People’s Government of Shanxi Province, made a speech at a meeting of the administrative adjudication sessions of the provincial courts held recently. He said: Strengthening administrative trial work is a necessary requirement for promoting the process of building a democratic legal system in our country. Since the Third Plenary Session of the 11th CPC Central Committee, with the promulgation and implementation of the Administrative Procedure Law, the Administrative Punishment Law, the Administrative Reconsideration Law and the Legislation Law, the major role of administrative adjudication has become increasingly evident. These basic laws have clearly defined the legal status of administrative adjudication and have eliminated the stereotype that “the people can not hold their positions for years” over the years, which is conducive to the effective supervision over the administration by law of the administrative organs. In recent years, great achievements have been made in the building of a socialist legal system in our country. However, as we are still in the primary stage, some systems, especially the monitoring mechanism on power, have not yet worked well. As far as administration by law is concerned, there are many problems: (1)