Our civil servants in accordance with the law administrative capacity and requirements are mainly manifested in which aspects?

First, the backwardness of civil servants' concept of administration according to law and legal awareness seriously affects the process of ruling the country according to law. Administration according to law, as an important part of the rule of law, is the key and core of the rule of law. Whether the rule of law can be effective depends mainly on administration in accordance with the law. According to some information, at present, more than 80 per cent of the laws and nearly 90 per cent of the regulations in our country depend on the administrative organs for their implementation, and on civil servants for their realization. It can be said that whether civil servants can do administration according to law is directly related to whether the laws and regulations of the country can be realized. However, China's civil servants in accordance with the concept of administration by law and legal awareness is not yet able to adapt to the needs of the rule of law, some administrative organs and civil servants take the law as a tool to control the people, the administration by law is simplified, that is, the administration by law is to do things in accordance with the chapter, to comply with the relevant red-tape documents issued by the higher level of the administration by law, regardless of the practice of "chapter regardless of the "chapter" that is practiced and the level, effectiveness and content of the "law" that is observed.

Secondly, the civil servants in accordance with the law, the ability and level of administration is not adapted to the needs of the market economy. Administration under the traditional planned economy, is to make plans and implement plans, administrative orders are the only way of administrative activities. The market economy, on the contrary, it is a free economy, itself has the ability of self-regulation, that is, there is an "invisible hand" in the role. This civil servants in the management of the role of change, from the direct organizers of economic activities in the past, commanders into indirect supervisors, regulators, that is to say, civil servants from the organizers of the market order, planners into the maintenance of the market order, the market rules of the implementer.

To this end, this requires civil servants to learn to use legal means of administration, that is, familiar with its professional related to the various legal rules, in the complex environment will learn to properly use the legal norms, according to the law, the implementation of administrative functions, according to the law, the exercise of administrative power.

However, a considerable number of civil servants are still accustomed to the working methods of the planned economy. For example, the enforcement of law set tasks, fines set targets, the movement way of law enforcement, policy instead of law, documents as the basis for management and so on. All this shows that the civil servants' ability and level of administration according to law can not be applied to the needs of the market economy, weakening the authority of the rule of law and affecting the image of the government. Bacon famously said, "The evil of one perverted judgment is worse than ten crimes. Because the crime is polluting the water flow, and the wrongful adjudication is polluting the water source". It can be seen that the level of administrative law enforcement depends on the quality of civil servants.

So, at this stage, civil servants to improve their administrative capacity in accordance with the law, to enhance the administrative capacity of civil servants in accordance with the law is the country to promote administration in accordance with the law, the construction of the rule of law government in urgent need, is the construction of corruption-free, pragmatic, efficient government objective needs, but also national civil servants to fulfill the obligations of the basic requirements.

Two, what are the misconceptions of civil servants' awareness of legal responsibility?

(a) the law is to govern the people

This misconception represents the state of mind of some civil servants. They believe that the law is the law that governs the people, and emphasize the sense of legal responsibility in order to better govern the people. This idea is extremely wrong and must be corrected. First of all, the public **** power of civil servants ultimately comes from the people given by the people, the people give power to civil servants do not expect to get one-sided governance, but hope that the civil servants as the main body of the government administration can carry out the spirit of the rule of law and better serve the people. At the same time, the law is not only binding only on the people, civil servants are also subject to the law, so civil servants can not see the law simply as only for the people.

(2) the law over human rights

Part of the civil servants in the process of law enforcement, do not pay attention to the basic human rights of the law enforcement object, they believe that the law and human rights can not be at the same time **** exist, to implement the law must be iron face, and can not focus on the human feelings. This misconception is due to the fact that law and human rights are viewed as two opposing dimensions, and there is no understanding that the most fundamental purpose of the law is to safeguard human rights. In fact, law and human rights are mutually reinforcing, with the law safeguarding the development of basic human rights, while the development of human rights in turn promotes the progress of the rule of law in society. Secondly, it is because of the human rights and human feelings are confused, thinking that in the process of law enforcement, respect for human rights is to value human feelings, is contrary to the legal responsibility.

(C) Law enforcement without regard to the way

This view that as long as the people are found to have violated the law, we must resolutely crack down on them, and actively "fight" them without mercy. One of the reasons for this misunderstanding is that it puts itself and the people in an antagonistic position, portraying itself as an impartial law enforcer and the people as an antagonistic class; the second reason is that it believes that the most effective means of enforcing the law is to crack down on the people, while neglecting to treat the people with education as the mainstay, supplemented by the law. The ultimate goal of enforcing the law is not to make the people become afraid of the law, but to educate and enlighten them so that they can better abide by the law and protect it.

(4) The law is used to stop the people from criticizing

This view holds that maintaining harmony means eliminating dissenting voices in the civil society and disallowing the people to have any dissenting views. For example, certain members of the public have misunderstandings about the work of government agencies, which may give rise to behaviors similar to petitions and complaints. Some civil servants regard this part of the public as troublemakers who jeopardize the normal social order, and they are quick to obstruct the people's demands in the name of fulfilling their public authority. The reason for this misunderstanding lies in the fact that these civil servants are influenced by traditional bureaucratic thinking and are self-righteous; and secondly, in the fact that the way these civil servants govern is still stagnant and has not been improved in line with the actual needs of the times.

(E) the law is to let the power of inaction

This part of the civil servants understand the law for the supervision of the power of the role of the law, but has gone to the other extreme, thinking that the best way to do their own lawlessness is not to act or less as, more to do more mistakes, less to do fewer mistakes, do not do not make mistakes, do not ask for merit, but no faults. This phenomenon of administrative inaction may often be seen in the work of the organization, some people are satisfied with the status quo, do not use their brains, conservative thinking, do not want to forge ahead. The reason for this mistake is because of the bias in the understanding of the sense of responsibility, not daring to take responsibility, thinking that doing nothing means compliance with the law. In fact, negative inaction has deviated from the sense of responsibility required by law, and sometimes even greater liability accidents.

Because of the civil servants' awareness of legal responsibility there are deviations in the above aspects, to some extent, hindering the correct performance of the public power of civil servants, affecting the prestige of the government, reducing the government's ability to cause the public to question the public power of civil servants.

Currently, it is necessary to update and change the awareness of legal responsibility of civil servants, to further strengthen the understanding of civil servants on legal responsibility, and to strengthen the study of relevant laws and regulations. Further strengthen the law enforcement capacity of civil servants to eliminate the bureaucratic thinking and style of civil service class. Continue to strengthen the education of civil servants' sense of responsibility, in the ordinary work, timely correction of the wrong concept of law enforcement, to establish a correct sense of legal responsibility.

Third, what is the significance of cultivating civil servants' awareness of legal responsibility?

Modern civilized society is the rule of law society, which requires all aspects of social life to follow the rules and abide by the rule of law. The essence of the rule of law consciousness of civil servants lies in the ideological awareness of the rules to guide and control the normative nature of personal behavior, from the subjective consciousness to consciously restrain themselves to ensure that the process of personal behavior of the legitimacy of the conduct of the results of the rationality of the legitimacy of the behavior.

Civil servants' awareness of legal responsibility is to change the law because of the abolition of the law, to say that the law, the situation of non-compliance with the law, to prevent laxity in law enforcement, abuse of power, the phenomenon of lawlessness; that is, we must respect the authority of the law, consciously abide by the law, "there is a law to be complied with, law enforcement must be strict, must be punished for violations of the law" as a guideline for action, and effectively realize that Administration in accordance with the law.

China's individual local administration has a strong "rule of man" color, according to the will of the leadership to act, "the people in the law, the power is greater than the law" concept still exists; regard the law as a child's play, the eye can not be, there is no law, law enforcement laxity in trampling the law of the Behavior occurs from time to time; weak sense of the rule of law, arbitrary administrative habits still exist.

These administrative behaviors that despise the rule of law have greatly hindered the improvement of administrative efficiency, damaged the image of the government, harmed the interests of citizens, and disturbed the normal order of administrative activities and the principle of justice.

The gist of civil servants' awareness of legal responsibility is to guide their daily administrative behavior in the spirit of the rule of law; to root the concept of the rule of law in the heart, so that the law becomes an authority above all else, so that the guiding ideology of the administrative behavior of the rule of law, and the operation of administrative behavior is legalized; to make the spirit of justice, fairness, freedom and equality embodied in the law prevails, and to become the leading principle of the value of administrative activities.

The Constitution and the law in the modern society in all fields of politics, economy and culture have the supreme status and authority, all state organs, groups, organizations and individuals must strictly obey and comply with.

Civil servants who do not have a sense of the supreme authority of the Constitution and the law, in administrative activities may disregard or even break the provisions of the Constitution and the law, may be contrary to the basic objectives of the public *** administration, lose the support of the people, and ultimately may make the government to lose the legitimacy of its foundation.

Civil servants only set up a correct sense of legal responsibility, in order to normative standards to strictly require themselves, for the party, for the people to hold the power, good use of power as their sacred duties, to deal with the use of power and abide by the law between the relationship between the law and the exercise of power in the law, within the scope of the law, the law allows, and not to power instead of the law, power to resist the law; in order to correctly deal with the relationship between the power and the responsibility of power and responsibility organically and uniformly combined, to prevent and prevent the use of power, to prevent and to protect the public, to prevent and to protect the public. Organic unity and combination of power and responsibility, to prevent and overcome the use of power for personal gain, a man gets the road, the chicken and the dog, promotion and wealth and other feudal consciousness, so as to correctly use the power in the hands of the effective fulfillment of their duties, to deal with the relationship between power and authority, to their own exemplary law-abiding behavior to win the trust of the masses, but not to use the power of the pressure of the people, violating the rights of the citizens, the damage to the interests of the citizens; in order to deal with the relationship between the public power and private interests, to To do public power public, do not seek private gain, not greedy, to family members, children, fellow townsmen, colleagues, comrades in arms, friends, etc. are treated equally, according to the rules of doing things, not favoritism and perversion of the law.