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The Operation Of Lawin Street-Level Bureaucracy

Posted on:2013-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:J TanFull Text:PDF
GTID:2256330392961433Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The law enforcement of city management authority(CMA)is indeed dramatic for its "violence", most scholars and media are interested in the intense relationship between on CMA and street vendors, but they ignore the voice of the law.The law in the practice is not a dogma,but has special features. The features can be traced back to the birth of the CMA,followed by the "Administrative Punishment Law" which is the basic of the rules about CMA. The rules of the CMA from top and down are not just the hierarchy of norms,but rendered as cells differentiation scenes for the functions of selective express.The laws in different levels operate as their own logic,especial for the street-level which is more complicated than the others. Compared to the static rules in different levels,the law in action in law enforcement process has variety of shapes. The relationship between CMA and street vendors changed as long as the transformation and reconstruction of the law in street-levels. The law have the effect of regulation on the CMA and the street vendors,however,the changeable relation leads to the deformation of the law,so the law and the relation are unstable but in a dynamic symbiosis condition. The law is reflective in this process,however,the function has been suppressed because the administrative power and the lack of judicial argumentation,both the CMA and street vendors are vulnerable groups as a result.The reflexive theory of Teubner is the possible way to solve this problem.
Keywords/Search Tags:Legal differentiation, the operation of law, the lawenforcement of CMA, reflective law
PDF Full Text Request
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