Flexibility And Its Management In The Process Of Grassroots Law Enforcement

This paper takes administrative law enforcement cases as the research object,focuses on the bureaucratic operation of law enforcement,shows the flexibility and governance process of grassroots law enforcement process,and then reveals the organizational dilemma of law-based administration.Law enforcement is an interactive process from top to bottom,which includes both top-down implementation and the implementation of the grass-roots government and its functional departments.Law enforcement in China has the characteristics of top-down,that is,through the central level of downward publicity,implementation,implementation.The top-down implementation of laws reflects the infiltration of the will of the state into law enforcement,which determines that the process of law enforcement is also the process of implementing the will of the central government,rather than just the application of laws.However,the top-down law has not been strictly enforced,but flexible enforcement has emerged.Law is promoted by the hierarchy structure,which forms the organizational basis of law enforcement.However,the differentiation of hierarchy structure leads to flexibility in the process of law enforcement.On the one hand,flexible law enforcement occurs in the vertical operation process of law enforcement.Flexible law enforcement is the result of endogenous driving force and exogenous foundation.From the endogenous driving force of flexible law enforcement,the autonomy of functional departments of grass-roots governments makes flexible law enforcement possible,while the institutional basis for the exercise of departmental autonomy is hierarchical system.From the exogenous basis of flexible law enforcement,the operational mechanism of specialized law enforcement shapes flexible law enforcement,while the differentiation of hierarchy forms the institutional basis of flexible law enforcement.On the other hand,flexible law enforcement occurs in the horizontal operation process of law enforcement.From the perspective of endogenous driving force of flexible law enforcement,departmental autonomy is the internal driving force of flexible law enforcement,and functional system is the basis of exercising departmental autonomy.From the perspective of the exogenous basis of flexible law enforcement,departmental law enforcement decentralizes the law enforcement resources and departments have to be flexible in law enforcement.However,the institutional basis of flexible law enforcement lies in the fragmented system,whichfundamentally determines the shortage of law enforcement resources.The vertical operation and flexibility of law enforcement reflect the principal-agent problem of law enforcement,while the horizontal operation and flexibility of law enforcement reflect the cooperation problem of law enforcement.Aiming at the difficult problems of law enforcement both vertically and horizontally,the bureaucratic system and the party and government system have taken corresponding measures to deal with them.Vertically,the principal-agent problem of law enforcement includes the following measures: first,the law enforcement assessment and inspection system.The higher functional departments intend to strengthen the supervision of the law enforcement process through the law enforcement assessment and inspection system and force the grass-roots units to strictly enforce the law.Second,mobilizing hierarchical governance.The effect of law enforcement is limited.Therefore,by integrating the power of law enforcement with mobilization hierarchical governance,top-down law enforcement is promoted to form a tournament system of law enforcement and improve the effect of law enforcement.Third,the vertical management system reform of law enforcement.On the one hand,vertical management classifies the people,property and goods of government departments into higher departments,which is conducive to the unification and fluency of the implementation of policies and laws.On the other hand,the vertical management system of law enforcement is conducive to the top-down supervision of direct involvement in social affairs and the overcoming of opportunism of grass-roots government supervision and law enforcement.The measures taken to solve the problem of law enforcement cooperation include: one is the system of consultation and coordination and the system of administrative assistance.In order to cope with the departmental interests arising from the division of labor and bring about the problems of cooperation,the bureaucracy has set up this system to provide the institutional basis for block cooperation.Second,the mobilization of collaborative governance.Mobilization type collaborative governance attempts to realize law enforcement collaboration and jointly promote law enforcement by integrating bar structure.Third,reform of the comprehensive law enforcement system.The reform of comprehensive law enforcement system can eliminate the disadvantages of decentralized law enforcement to a certain extent by centralizing the law enforcement power,and facilitate the formation of joint law enforcement force.Through the illustration of administrative law enforcement cases,it shows that laws are constantly changed in the process of law enforcement,instead of following strictrules-based principles,and grass-roots administration is actually reshaping laws.Therefore,the legal control of administration is only one aspect of the practice of administrative rule of law,and the other aspect of administrative rule of law is the shaping of law by administration.In order to further promote law-based administration and build a law-based government,we must,on the basis of the inherent characteristics of administration,examine the impact of administrative organizations and their operations on law.The unidirectional law control administrative effect has the limitation,through understanding the administrative shaping law mechanism may realize the deep level rule of law-based administration,then provides the new knowledge foundation for the realization law-based administration.