Title The Action Logic Of The Water Law Enforcement In Grassroots Administration

There are such law enforcement difficulties as selective enforcement,lax enforcement,etc,especially in the grassroots during the transformation period of China.Effect,ways,dilemma and mechanism of law enforcement have been already covered in the existing literature studies.Empirical observation and researches show that it is one of the important ways to explain the problems in the grassroots law enforcement by analyzing the action strategy or action choice in the law enforcement process from the action logic point of view.Although the existing articles study the action logic of law enforcement mainly from the game,scene and individual perspectives,there is certain shortages.This article focuses on three aspects to analyze the action logic of grassroots water law enforcement by taking X district in M city as a instance.Namely,the relationships between water law enforcement in grass-roots and higher-level administrations,same-level organizations and its objects of law enforcement.By doing so.this paper will explain the actual effect of grassroots water law enforcement,and put forward relevant advice.Three conclusions have been reached through this study.First,under the condition of shortage of material security and weak formal incentive,the grassroots water law enforcement team is struggling to meet the requirements of the higher level leadership department,and then adopt the flexible strategy,which leads to the "inefficient balance" of grassroots water law enforcement.Second,due to the poor operation of communication mechanism,the uneven distribution of the law enforcement power,ambiguous division of responsibility,the cooperation falls into difficulty between the grassroots water law enforcement team and the one in environmental protection department at the same level;through the establishment of institutionalized conventional cooperation mechanism,grassroots water law enforcement team and sub-district office have become mutual-beneficial.Third,in order to reduce the cost of law enforcement and complete the procedures,they imposed "discounted" enforcement on objects in the remaining discretion;in the face of conflict among the standpoints of legislation,government behaviors and public choices,they transform legal issues into social problems and political issues,promoting the bottom-up communication between the bottom of public and the upper decision-making authorities.On the whole,with the purpose of administration in accordance with law.compliance,reciprocity and stability,the action logic of grassroots water law enforcement are deeply immersed in three interactive and competitive mechanisms,namely:pressure mechanism VS incentive mechanism,competition mechanism VS reciprocity mechanism,discretionary mechanism VS conversion mechanism,which forming the cooperation and separation relationship between the grassroots water law enforcement team and the higher authorities,the same level of government organizations and the underlying law enforcement object.In the "cooperative" relationship situation.the grassroots water law enforcement power "gathers".forming a collective law enforcement force,resulting in better law enforcement effect;in the"separation" relationship situation,the grassroots water law enforcement force"dissipated",law enforcement power is weakened,often resulting in poor law enforcement.It can be seen from the above,to improve the effectiveness of grassroots water law enforcement,we should proceed from three aspects:firstly,changing the incentives of grassroots water law enforcement team,increasing material security,enhancing formal incentives.Secondly,improving and dividing the mechanism of communication and cooperation between the same level of government departments clearly;Thirdly,defining a reasonable scope of application for the discretion mechanism and the conversion mechanism,strictly controlling the former and utilizing the later in a reasonable way.