Research On Legal Regulation Of The Selective Enforcement

"Selective Enforcement" is a long-standing phenomenon of administrative enforcementactivities of Public security. Because it relates closely to the daily lives of the public anddirectly influences the public’s personal freedom and property rights, it attracts the attention ofscholars and the public. With regard to "Selective Enforcement", the public invariablystrongly criticized and opposed, however, unlike the clear-cut stand of the public, scholasticunderstanding and evaluation of the "Selective Enforcement" are mixed and unable to agreeon which is right.As a legal concept,"Selective Enforcement" originated in the U.S. law, and it usuallyrefers to that the police determine the focus of law enforcement based on experience toreconcile the conflicts between the legislative power and the administrative power. However,in China legal context and the background of rule of law,"Selective Enforcement" is a wordthat is completely different from it in the U.S. law. They are obviously different in the aspectsof reasons, application scope, value goal, the subject direction.On the theoretical level, the extensive usage of the concept of "selective enforcement"leads to be difficult to define in connotation and legal property and then makes the subsequenttheoretical research of disorder, not a system. On the law enforcement practice level, due tothe existence of a large number of selective enforcement of public, equal rights are infringedupon, fairness and justice spirit suffers a serious injury, the process of the law of our countryfaces serious obstacles. Therefore, it has important theoretical and practical significance thatdeeply and systematically researches on selective enforcement.Firstly, through the analysis of the origin of the concept of "selective law enforcement",this paper demonstrates its meaning and characteristics in Chinese legal context and thebackground of rule of law, and accordingly defines the legal attribute. Later, this paperanalyses the cause of the selective enforcement after summing up the real situation and theconsequences of selective enforcement. On this basis, this paper puts forward the reasonablecountermeasures to effectively regulate selective enforcement.This paper thinks,"Selective Enforcement" seriously violates the principle ofuniversality and equality, and it’s an obvious illegal administrative action, so that we mustperform the law regulation. However, it is undeniable that there are various realistic factorsfor its emergence and existence. Therefore, the idea of trying to accomplish at one stroke towipe it out or exclude it is unrealistic. It is the right approach to take proper measures andmethods to construct system to effectively control and gradually reduce selective enforcement, sothat the personal and property rights of social public can be effectively protected from theintrusions of administrative power of public security.