Research On Law Enforcement Of Reasoning

Past two years, there are newspapers and magazines through the news media, the author noted style of law enforcement practitioners on the reasoning given a high degree of concern, such as the business sector, quality supervision departments, tax departments are public security departments of the substantive staff in this area often papers published. This shows that reasoning style of law enforcement have become widely accepted and recognized law enforcement law enforcement methods, begin to focus on the academic study of this issue, some scholars have started this problem was discussed. This choice of this topic has two main purposes:first, the reality of the social interpretation of the theory in order to apply their knowledge to do, law already has the legal interpretation of the phenomenon of social functions, which can be real organically combined with the theory, academic research was not actually in the air. Second, from an academic perspective, the theoretical study of practical work can be summarized, refined and guidance. Study of Law from the value perspective, the development of society should do its modest means. Through literature review of the method, see the previous research, collect data, understand the reasoning now concerned with the situation type of law enforcement, to explore the research and innovation to be focused. Use of survey research, through questionnaires and discussion, etc., to get the current law governing the status and situation in order to provide empirical support for theoretical research and found that the current model in the presence of law enforcement needs improvement. Under the guidance of the tutor's patience, this took nearly a year, law enforcement have a certain style of reasoning to understand and grasp. Paper type of reasoning in theory and practice law for a trial under discussion, the two dimensions from the theoretical and practical basis for reasoning on the explanation of law enforcement, and the final chapter in the paper on the practical application of reasoning style of law enforcement have made some building to be useful for practical work. Written thesis is divided into four parts.The first part of this study mainly discussed the basic issues, including the concept of administrative law enforcement, reasoning style of law enforcement, the content of reasoning and reasoning style between law enforcement and the rule of law. The concept of administrative law enforcement, I believe that an act alleged to be the general administrative enforcement action because it conforms to the following several conditions:First, laws and regulations on the premise of this act, scale, form and all claims relative have detailed regulations. Second, this behavior is to perform an important function of government, such as maintaining social stability and basic political and economic construction. Third, speaking from the main body of the exercise, specifically his duties by the department, from a fixed staff, law enforcement officers have a unified standard of clothing. Fourth, generally from the operation of the site's location is relative to, is different from the flow with a fixed place in the office. Fifth, this behavior is relatively direct contact with people, and the nearest people, you can direct the formation of public review and trust the government. Then, on the reasoning style of law enforcement to analyze the characteristics and functions that the reasoning style of law enforcement has the following characteristics:First, the reasoning style of law enforcement is more strictly enforce the law. Second, the reasoning style of law enforcement are equal law enforcement. Third, the reasoning style of law enforcement is the respect for human rights enforcement, is to respect but also respect for their relative. Fourth, the reasoning style of law enforcement is a service-oriented law enforcement. And then separately from the reasoning of the legal basis for factual and discretionary considerations into the three aspects of law enforcement in the reasoning style of the content of reasoning. The reasoning style of law enforcement functions are mainly in two aspects, one from the administrative law enforcement is concerned, reasoning style executive powers of law enforcement can gradually self-discipline. The second is from the executive relative to people, the reasoning style of law enforcement can improve people's satisfaction and psychological comfort. Finally, on the reasoning style of law enforcement and explores the relationship between the rule of law, that law enforcement and the rule of law type reasoning share a common value of the objective rule of law is the basis for reasoning style of law enforcement.The second part, on the reasoning style of law enforcement based on the theory and reality are analyzed in terms of reasoning from a theoretical basis for the theoretical foundation for the type of law enforcement from the social contract theory, procedural justice, human rights protection, right to information and freedom of ideology; from a practical point of view speaking, the reasoning style of law enforcement is a necessary requirement for constitutional construction is the inherent requirement of building a responsible government, is the need for citizens to participate in the administration.The third part, on the reasoning style analysis of the necessity of law enforcement, from the available data and information, reasoning style is mainly reflected the need for law enforcement on two levels, from the social level, the enforcement of which in reality there are uncivilized and even the phenomenon of violent law enforcement. Government level in terms of the rule of law is constitutional, promoting administration according to law an urgent requirement.The fourth part of the reasoning style of the specific methods of law enforcement measures of the proposed reasoning from the evidence to inform the hearing of the reasoning, according to choice of reasoning, the reasoning discretion provide a full four aspects of reasoning methods and techniques. In addition, the type of reasoning in practice the application of law enforcement to start research, the basic requirements of law enforcement-style reasoning to enhance reasoning style and effective measures of law enforcement work.