Research On Grassroots Administrative Law Enforcement Capacity In Ccontemporary China

Based on the discussion of " grassroots law enforcement capacity ",this paper discusses how to strengthen the administrative law enforcement capacity of grassroots government through self-adjustment under existing conditions by analyzing specific law enforcement experience.On this basis,this paper seeks ways to improve the grassroots administrative law enforcement capacity.The key to discuss the strengthening mechanism of grassroots administrative law enforcement capacity lies in the advanced understanding of "grassroots administrative law enforcement capacity ".Based on the theory of state capacity and bureaucracy,based on the experience of many areas of law enforcement practice,the article from the executive process configuration,personnel,organization,financial security,law enforcement,law enforcement interaction to understand the basic theory of the five dimensions of administrative law enforcement capacity,on the basis of summing up experience and reinforcing mechanism of current basic-level government spontaneous explanation,finally summarize the law enforcement capacity structure,and on the basis of clear law enforcement capacity restriction factor system of targeted Suggestions are put forward.The allocation of administrative enforcement power has significant defects,weakening the capacity of administrative enforcement at the grass-roots level.It is mainly reflected in two aspects: from the longitudinal perspective,most of the enforcement power has not been allocated to the township level,only staying at the county level.Township governments and grassroots stations of government departments facing the grassroots society lack corresponding enforcement power,resulting in the lack of penetration of law enforcement work;From the horizontal perspective,the allocation of law enforcement power is highly divided,departmentalized and specialized,and the power structure with various branches is difficult to be integrated,resulting in the lack of comprehensive law enforcement work.The system defect of the enforcement power allocation affects the validity of the regular enforcement mode.In order to overcome the defects in the allocation of law enforcement power,grassroots governments strengthen the effectiveness and capability of law enforcement through joint law enforcement mode,comprehensive law enforcement mode and comprehensive governance mode.The above law enforcement mode and the corresponding power regulation embody the grassroots government’s efforts to overcome the system defects,in which the party and government system provides the basis for the regulation of the power of law enforcement.From this perspective,the party and government system plays a strengthening role in the grassroots administrative law enforcement capacity.Grassroots administrative law enforcement is faced with the dilemma that the number of law enforcement personnel is insufficient and the quality is not perfect.Since the administrative establishment adopts rigid index management,it is difficult for the grassroots government to enrich the number of law enforcement personnel by supplementing civil servants.In order to solve the dilemma brought by the shortage of personnel to law enforcement,the grassroots government organizes manpower in various ways.Within the government,the administrative staff are included in the law enforcement team and become the indispensable formal law enforcement force of the grassroots departments.Through contract employment,a large number of administrative support personnel are absorbed into the law enforcement team;Through political mobilization and voluntary participation,village and community cadres and some grassroots people participate in law enforcement.Finally formed the " law enforcement officers-administrative assist officers-volunteers." team structure.Law enforcement team construction is an important part of the rule of law,"specialization" is the direction for the future of law enforcement team,based on the practice of the law enforcement team structure,the article has carried on the back to "specialization" understand,think can meet the demand of basic law enforcement of "specialization" should include political,technical,and empirical three elements.Classification construction based on the structure of law enforcement team is a feasible way to improve the capacity of grassroots administrative law enforcement.Grassroots administrative law enforcement is faced with the dilemma of inadequate financial security,which is mainly reflected in the financial capacity of county and township governments to meet the increasing technical needs of law enforcement.In order to solve the dilemma of financial security,grassroots law enforcement departments obtain necessary special funds through project system,safeguard key work through selective expenditure,and compress the labor cost of law enforcement through "central work" system.The three countermeasures reflect the different responses of the three governance mechanisms of project system,bureaucracy and political mobilization to the financial dilemma at the grassroots level.Law enforcement level of financial security based on the grass-roots government’s financial level,the level of local economic development determines the level of the government’s fiscal,"sharing" and "tube" township finances county system limits the basic-level government’s fiscal autonomy,promotion tournament system has affected the basic-level government fiscal spending,three factors restrict the grass-roots government’s financial level,at the same time also limits the basic-level government financial security of law enforcement.Among the restrictive factors,the level of local economic development and the promotion championship system are difficult to change in the short term,so we can only seek the breakthrough to improve the financial vitality of the grassroots government from the "tax distribution system" and "management of rural finance and county" system.Governments at higher levels continue to increase the transfer payment to local governments and properly loosen the "management of rural finance and county" system,which will help improve the financial vitality of grassroots governments and thus enhance their financial support for law enforcement.In the process of grassroots administrative law enforcement,there is a widespread phenomenon of "target substitution".Institutional pressure,departmental interests and institutional incentive have replaced legal norms to varying degrees,and become the main motivation and starting point for law enforcement departments to carry out their work.Under the action of system pressure,the basic administrative law enforcement departments tend to execute the law according to the policy arrangement of the superior departments.Under the action of departmental interests,the basic administrative law enforcement departments tend to implement laws according to their own interests.Under the influence of system incentive,grassroots administrative law enforcement departments are keen on the law enforcement work that can easily highlight their achievements.The autonomy,hierarchical structure and division of labor of the bureaucratic system are the root of the existence of "target substitution".In the practice of law enforcement,the ubiquitous "target substitution" dispels the administration by law and generates the practice dilemma of administration by law.In the context of building a law-based government,law-based administration is the basic administrative law enforcement capacity.However,due to the lack of incentive function,the administration by law in the grassroots from the concept to practice.In order to carry out administration according to law,party committees and governments at all levels should attach importance to the role of political education in promoting the rule of law,and externalize and conduct the concept of administration according to law through the construction of work style.The dilemma of current law enforcement interaction lies in the lack of responsiveness of law enforcement departments to the needs of people for the rule of law.Based on this,the state’s social absorption and social control are affected.There are three modes of interaction between law enforcement and social forces: repressive mode,capture mode and compromise mode.The repressive mode reflects the strong control of law enforcement departments over the society,but they often fall into the dilemma of "maintaining stability" due to the lack of responsiveness.The capture mode carries out the intention of law enforcement by absorbing local elites.Therefore,law enforcement departments pay attention to responding to the needs of local elites,resulting in the phenomenon of "elites capturing the country" in the grassroots society.Compromise mode can make law enforcement responsive to a certain extent,but it is easy to weaken the governance capacity of grassroots government.The fuzzy "principal-agent" structure,the diversified interest pattern,the flexible execution tradition and the result incentive structure constitute the three kinds of law enforcement interactive modes.The responsive law enforcement interactive model is helpful to respond to the needs of grassroots people for the rule of law and to spread the awareness of the rule of law and the state’s social control.In the end,this paper draws a conclusion: The grassroots administrative law enforcement system shows the characteristics of " adaptable ",which enables the grassroots government and its law enforcement departments to strengthen the law enforcement capacity to a certain extent under existing conditions.The grassroots administrative law enforcement capacity consists of the capacity to control the power of law enforcement,the capacity to organize personnel,the capacity to ensure financial security,the capacity to administrate according to law and the capacity to interact with law enforcement.The complex constitution of grassroots administrative law enforcement capacity shows that law enforcement capacity is restricted by many complex factors.Accordingly,this paper puts forward some Suggestions on improving the capacity of administrative law enforcement at the grassroots level.