Legal Analysis Of Shanghai’s Fishing Law Enforcement

Many problems about the administrative law enforcement of our country were exposedin two “fishing law enforcement” cases happened in Shanghai. In this paper, tworepresentative cases of Shanghai are selected for analyzing. This article is composed of fourchapters. Involved, the narration of the cases and the problems involved, temptation criminalinvestigative techniques can be applied in administrative enforcement activities, legality ofthe evidence of administrative, identify illegal transportations. The first section describes thecircumstances surrounding the case, leading to the focus of controversy closely associatedwith the case. Such as, can the means of temptation investigation in criminal be applied to theadministrative enforcement in the case? if the evidence made on the basis of the specificadministrative act is legitimate? whether the identification of illegal transportations isreasonable and has a legal basis? The second part, mading the legal analysis of the first focusof controversy surrounding disputes previously proposed. First, to clear the legal concept ofmultiple occurrences of the word,“fishing law enforcement”. That, the “fishing lawenforcement” is another saying of temptation investigation. Subsequently, elaborating theclassifications of criminal investigation on temptation, then, elaborating the illegal reasons ofthe “criminal intent induced type” temptation investigation techniques in administrative lawenforcement in our country. The third part, analyzing in details of the legality of the evidenceswhich carries out from the “fishing law enforcement”. The fourth part, discussing the questionof whether the case is considered illegal operating.In this paper, the representative Shanghai fishing law enforcement cases were analyzedas a case, identifies the focus of controversy in the case, further legal analysis of the casestatement, then analyze the cases. Hoping to improve the system, eradicate the ills of fishinglaw enforcement, improve the levels of law enforcement personnel. Providing references toopen up new horizons of the administrative enforcement.