Selective Eforcement And Legal Control

In2004, the state council issued "the comprehensive advancement legal administration implementation summary", put forward the goals about construction of the government of law, asked strictly justice law enforcement. But in practice, there appear a large number selective enforcement phenomenon. Administrative authority based on certain factors, choose specific objects, time, and even choose specific law enforcement, which called selective enforcement of the law. China recently appeared to a number of selective enforcement phenomenon is the abused of modern administrative discretion. Selective enforcement phenomenon has gradually been a public notice; the harm is also caused wide discussion. Selective enforcement not only violated the equal rights of citizens, increase the cost of law enforcement, also harm the authority of law, and destroy the legal faith of people. This article absorbs foreign experiences, and on the basis of China’s current practice, advances some strong measures of legal control operation, including setting administrative discretion benchmark, the promotion of administrative case guidance system, strengthen the law enforcement system, perfect the administrative examination and supervision system, and perfect the legal standard conflict resolution mechanism.