Transportation and Legal Environment Further Optimized

December 4th is the 12th National Day of Legal Propaganda. The theme of this year is "to promote the spirit of the Constitution and to serve the development of science." The “12·4” campaign of national law publicity day campaigns is an important activity in implementing the spirit of the party’s 18th National Congress and implementing the “6th Five-Year” Plan to popularize the law. The Propaganda Day is also an important time for reviewing and summarizing the legal work on transportation in recent years. node.

Since the Ministry of Transport first convened the National Conference on Transportation Legal Work in 2009, the transportation departments at all levels aim to build a government of the rule of law, comprehensively promote the administration of transportation by law, strive to achieve scientific and democratic legislation, standardize civilized law enforcement, effectively supervise and manage, and efficiently With quality services, the legal system for transportation and transportation has entered a new stage of development.

The legislative process is obviously accelerating

After the reform of the major department system, the Ministry of Transport strengthened the study on the construction of an integrated transport laws and regulations system, and continuously strengthened the work of legislative projects on highways, waterways, and postal services, and made new progress in various legislative work.

Focusing on transportation infrastructure construction, transportation management, transportation security and postal management, the Ministry of Transport has successively promoted the formulation and revision of a number of laws, administrative regulations and departmental regulations that are urgently needed for the reform and development of the industry. The "Postal Law", "Regulations on Prevention and Control of Marine Pollution from Ships", "Regulations on the Protection of Highway Safety" and "Regulations on the Management of Domestic Water Transport" have been promulgated and implemented. The "Waterway Law" has been included in a class of legislative plans, "Urban Public Transport Regulations." The "Legislative Maritime Traffic Safety Law," and the "Legislation Regulations for Search and Rescue at Sea" are also in progress.

In order to further improve the legislative work mechanism, the "Regulations on Procedures for the Formulation of Traffic Regulations" that were implemented in 2007 have strengthened the opening-door legislation, public opinions, and expert consultations in the legislative process. The Ministry of Transport has strengthened forward-looking research on legislation and timely organized research on important issues such as the revision of the Regulations on the Administration of Toll Roads, the Necessity of Taxi and Urban Public Transport Legislation, and the Proposal on the Establishment of the Waterway Law to promote the transport of traffic. The legislative process has played a fundamental role.

Obviously regulated administrative law

The transportation departments at all levels perform their duties in accordance with the law and strictly regulate law enforcement actions. They play an important role in regulating the construction of transportation infrastructure, maintaining the order of the transportation market, and ensuring the safe and smooth flow of highway waterways.

In recent years, the Ministry of Transport has introduced a series of measures to standardize administrative enforcement: organizing the implementation of the "Administrative Compulsory Law", regulating the administrative compulsory acts of temporarily transporting vehicles and other transportation, and issuing "Several Opinions on Regulating the Discretion of Transport Administrative Punishments". , promoted the model of free discretion for administrative punishment; revised and implemented the "Administrative Regulations on Administrative Codes for Transport Administrative Law Enforcement," and established a system for the examination and admittance of qualifications for law enforcement personnel and the progressive review of qualifications. Most provinces and cities across the country have completed law enforcement personnel and law enforcement certificate management systems. The implementation of the construction work, a unified IC card enforcement certificate. Since 2009, a total of 19,973 IC card enforcement licenses have been issued throughout the system.

With the printing and guidance issued by the Ministry of Transport on July 26, 2007, Jilin and Yunnan have successively completed the enforcement of the province's law enforcement marks and personnel replacement work, and 11 provinces and cities in Jiangsu have completed part of the work. City and professional management system signs were unified and personnel exchange work was completed. Zhejiang and Sichuan completed the bidding for uniform reloading. Jilin completed the unified construction of all the grass-roots law enforcement sites. 15 provinces including Guangdong and Changhang have completed pilot projects. Construction work. The "four unification" work of law enforcement in various regions has achieved initial results.

Administrative law enforcement supervision has been significantly strengthened

In the past three years, the efficiency of law enforcement supervision at all levels of the transportation sector has been markedly improved, administrative accountability has been significantly increased, and administrative power has been operating clearly.

The “Regulations on the Evaluation of Traffic Administrative Law Enforcement” implemented on October 1, 2010 clearly defined the contents, standards, and methods of the evaluation of administrative law enforcement. The assessment notification system, rewards and penalties system was also perfected throughout the country, and separation and payment of fines and penalties were implemented. The supervision mechanisms such as collegial discussions, expert consultations, and last-minute warnings have improved the supervision system for administrative law enforcement.

The Ministry of Transport has organized law enforcement inspections and law enforcement appraisal work three times in the entire system. Since 2009, it has organized 62,747 case files, conducted 55,000 inspections, dispatched more than 180,000 inspectors, and handled case transfer cases. In 3,726 cases, more than 61,000 pieces of rectification problems were proposed. 656 law enforcement officials were given discipline or organization of party disciplines, 453 were suspended from law enforcement, and 80 were given prolonged trial periods.

In addition, the Ministry of Transport promulgated the "Measures for the Examination of the Legality of Regulatory Documents of the Ministry of Transport" and conducted a review of the legality of the 48 normative documents. At present, a system for filing, post-assessment, and periodical cleanup of normative documents is generally established everywhere. The administrative reconsideration work has been strengthened. Since 2009, the whole system has handled 1,686 pieces of administrative reconsideration cases according to law, and discovered and corrected the problems existing in the management of traffic construction and administrative enforcement.

Significant progress has been made in the reform of administrative law enforcement

In the past three years, the Ministry of Transport and local transportation departments at all levels have scientifically defined responsibilities, optimized organizational structure, integrated law enforcement resources, and improved the administrative power operation mechanism.

In the clean-up of regulations, regulatory documents and administrative approval items, the Ministry of Transport cancelled and adjusted 5 items of administrative examination and approval, abolished and amended 77 pieces of ministerial regulations, abolished and amended 273 normative documents, and cancelled the regulations. There are four administrative enforcement measures.

In the process of continuous exploration, various forms of reforms in the administrative law enforcement modes of transportation have been implemented throughout the country. Chongqing Municipality and Guangdong Province have realized the integration of the work of comprehensive law enforcement agencies and industry management agencies; Fujian Province has integrated six law enforcement teams, including road administration, transportation administration, harbor administration, navigation administration, local maritime affairs, and waterway transportation administration, into one team. The municipal comprehensive administrative law enforcement agencies have all been established; the Zhejiang Port and Shipping System has implemented integrated water law enforcement that integrates the four law enforcement categories of ports, water transport, local maritime affairs, and fairways; Jiangsu Province has promoted the reform of the township traffic control institutions and established water Unified law enforcement work linkage mechanism.

In addition, local governments took advantage of refined oil product prices and taxation reforms to deepen the reform of the law enforcement model for roads. There are 21 provinces and cities across the country that have established the Bureau of Highways and Road Administrations, and Shanxi Province has established a Transport Enforcement Bureau. The maritime system has basically formed a law enforcement and management model of “relative separation and complementarity of dynamic and static maritime supervision, effective separation of administrative licensing, administrative enforcement, and law enforcement supervision and mutual restraint, enforcement and service integration”. The CAL system continues to implement internal joint law enforcement work mechanisms and conduct joint law enforcement with the Yangtze River Water Resources Department on channel protection.

The legal publicity and education effect is obvious

Through the implementation of multi-level law-enforcement activities and education and training, the legal environment for transportation has been further optimized.

After the “6th Five-Year Plan” popularization work was initiated, the Ministry of Transport issued the “National Sixth Five-Year Plan for the Publicity and Education of the Legal System of the National Transportation System” to organize cadres and employees to study and publicize various laws and regulations, highlighting leading cadres, law enforcement personnel, etc. The legal publicity and education of key subjects. All localities will give full play to the role of publicity platforms such as “Navigating Day”, “World Maritime Day”, “Safety Production Month”, and “Promotion Week of Energy Conservation and Emission Reduction”, and will install the freeway intersections, bridges, subways, stations, ports, and docks. The information screens and network television as propaganda positions for propaganda and law enforcement carried out a variety of legal propaganda and education activities in various forms to enhance the effectiveness of the propaganda and education of the legal system.

In the past three years, the transportation departments at all levels have placed the legal system in a more prominent position, raising the construction of the legal department of transportation to a new height. The legal system has played a fundamental and leading role in promoting the development of the modern transportation industry. Safeguarding role.

In the coming period, the transportation departments at all levels will intensify the professionalization of law enforcement teams at the grassroots level, standardize the construction of grassroots law enforcement stations, and standardize the construction of basic management systems, striving to achieve a more solid and in-depth study of legislative basics and more scientific and rational design of laws and regulations; Supervision and management have become more civilized and standardized; the quality image of the contingent has been significantly improved; the infrastructure at the grass-roots level has been significantly strengthened; and the administrative capacity for administration according to law has clearly improved."