Opinion Of "Fishing Enforcement" Regulation

The “fishing enforcement” event happened in Shanghai in October of2009attracted deep attention of the whole society. People doubted the legality of “fishingenforcement” conduct from administrative organs. As a matter of fact, the Shanghai“fishing enforcement” event is not the only case, these conducts from administrativeorgans have been reported many times by media in recent years. Moreover, it hascaused serious harm to the society. To study “fishing enforcement” conduct regulationplays an important role academically and realistically.The text mainly divides into three major parts: the introduction, the main body andthe conclusion, and the main body contain three major parts:The first part is about concept definition of “fishing enforcement”. There aredifferent opinions of concept and legality of “fishing enforcement” academically.Moreover, it was confused with the lawful term “encouragement detection” incriminal law by many scholars. In order to define “fishing enforcement”, the authorquotes a few “fishing enforcement” cases from different reports, concludes definitions,and derives concise concept through different definitions. At the same time, thedifference of “fishing enforcement” and “encouragement detection” is illustrated fromthree parts in order to avoid the confusion in academic study. Finally, the “fishingenforcement” is taken into deep consideration with the basic principles ofadministrative law in the article for the sake of demonstrating the illegal essence.The second part is to investigate the harm of “fishing enforcement” to society.Through searching for the social responses to “fishing enforcement”, the author thinksthe main harms to society are from four aspects: incurring violent resistance,producing the public’s doubt to law, destroying social morality and reducing thegovernmental public faith.The third part is to explore the concrete ways of “fishing enforcement” regulationswith lawful measures. It is the main part of the article. The author thinks it isnecessary to build up a set of complete, consolidated administrative proceedingevidence system to explicit the burden and criterion of evidence from both the lawenforcement body and the administrative counterpart, and to regulate the proceedingrequirements of inspection and judgement of evidence from administrative authorities.The removing rule of illegal administrative evidence is perfected in the inspectionsystem of administrative litigation, and the former and latter phrase was coordinatedbetween administrative procedure and litigation in the application of the removingrule of illegal administrative evidence. In the macro-society, it is required to positionthe government’s function in the public administration accurately and perfect thefinancial government mechanism of administrative organs. Therefore, it couldeffectively prevent the privation of public rights. Lastly, it requires the revolution andperfection of supervision system of administrative power. It is important to enforcethe supervision of administrative power in the authority organs, exert the supervisionfunction of judicial authority, execute the new system of administrative internalsupervision specification and vertical management, and insure there are laws forsocial supervision to abide by.