Administrative Analysis On The Case Of Shanghai Entrapment

A driver who tried to help a passer-by was charged with illegally operating the vehicle and was imposed a fine by traffic police. This is the so-called "fishing law enforcement" that took place in Shanghai, which is regarded as an illegal way of law enforcement and having a significant adverse impact on law and morality. It hurts kind hearts and ruins the image of law enforcement officials, reduces government credibility and people’s confidence in authority of law. Consequently, there would be a crisis of trust in society, people’s awareness of law would be shaken and social harmony as well as legal construction would be undermined. The administrative law enforcement issue involved in this event deserves discussion and rethinking. It reflects many problems existing in law enforcement authorities of our country, including flimsy awareness of law and law-based administration, misusing of administrative power and arbitrarily creating law enforcement conditions and granting power to people who seek personal interests. They indulge and encourage "fishing law enforcement" in the name of public authority, illegally obtain evidence to frame people and then force them to give up allegation in order to impose heavy fine. This paper uses case analysis method, cross-disciplinary method and document survey research method. By taking the event of "fishing law enforcement" as an example, analyzes categories and boundaries of fishing law enforcement with document survey method. Then illegality of this event was analyzed from such perspectives as law-based administration, rational administration and proper procedures by using case analysis method. The underlying reasons of this event are investigated and suggestions for improvement are given. For instance, we need to improve financial management system, foster right concept of administrative law enforcement and enhance people’s law awareness.