On Administrative "Fishing Enforcement" Problems And Solutions In China

As a current problem of our administrative enforcement,"fishing enforcement" which caused great negative impact on our legal administrative work, has taken a great concern by the community and the academia.There are five parts of this article:The first part is the preface which clarify the background and significance of the fishing enforcement. It analysis the main research, existing view, research problems and the evaluation of the research, and also proposed the basic idea, research methods and innovation of this paper. The second part delimit the concept of the fishing enforcement. It shows that "fishing enforcement" is a typical trap which includes lure type and framed type. It has subject-specific, non-specific nature objects and means of non-specific characteristics. The third part analysis the problem and the harm of the fishing enforcement. That "fishing enforcement" does not meet the requirements of administrative law. Problems exist such as lacking of honest, legitimacy and rationality, illegitimate procedure, rights and responsibilities are non-uniform etc.It trampled on the dignity of law, undermine the government’s credibility, impact the social and moral bottom line. The fouth part analysis the existence reasons of the fishing enforcement. It contains the legislative shortcomings, inadequate protection of law enforcement, low quality of law enforcement officers and inadequate supervision. It could be improved from them. Part V give the strategies to solve those problem. Including strengthen the legislative, filling the legal loopholes, Increasing investment in law enforcement, cutting off the interest chain, improving the quality of law enforcement officers, strengthen supervision and those who violate the law must be dealt with.