The Practical Logic Of Grass-roots Law Enforcement

With the transformation of modernization in Chinese society,at the same time,modernization of the rule of law is spread in China.However,in the specific practice,there would be unaccommodated phenomena since the modern rule of law is not born in local environment and society.Law enforcement is not only an important section of the modern legal system,but also the basic way of law implementation which could make law implement from rule to society reality.The local police stations exist as the important organizations which maintain social stability and resolve disputes in local places.It has relatively more responsibilities and has much more connection with the local society life.Nevertheless,in specific law enforcement practice,there is big gap between the practice logic of local police stations and the simple law enforcement logic,such as strict enforcement of the law and standardization of law enforcement,at the aspect of value.From a macro point of view,in the process of modernization,this gap is the inevitable result because between traditional rural society and modern industrial and commercial society,there is collision,communion,or parallelism of different governance strategies.To study the law enforcement practice logic of local police station from a micro level,it could be found that the formation of its practical logic is mainly restricted and affected by three aspects.First,from the perspective of the internal conditions of a grassroots police station,in order to ensure the normal law enforcement activities of the police station,the auxiliary police and the security guards could only wear police uniforms and and police ranks to serve as police officers because there are only two police officers in this township police station.The fund of the police station is insufficient.And the director has to spend a lot of time and energy to apply to the leaders of county police station and township government for the office expenses.Due to a shortage of institutional incentives for auxiliary police and security guards,the staff of township police station run off gravely.This makes the police station unable to form legal knowledge system and to do effective delivery of work experience which are necessary in work.While the police officers are easy to fall into the passive situation caused by insufficient law enforcement capability in the process of law enforcement.Second,from the perspective of the social environment of law enforcement activities,the social mobility of country is slow,so that there is a relatively familiar relationship between each other.In the process of law enforcement,the policemen should not be radical.To prevent the law enforcement activities causing instability in the rural society,they should take care of the face of villagers.As the frequent identity transformation of the guards who are the local people,the cost of rediffusion of the social relations of law enforcement objects is reduced.And the law enforcement activities in the police station become deeper and deeper in the acquaintance relationship situation.Third,the township police station under the dual leadship of county police station and township government.The county police station supervises and standardizes the law enforcement of township police station.However,on the other hand,the township government requires the local police station to complete the specific task although it might have to break through some legal procedures.This is not conducive to the standardization construction of the police station.It cannot fundamentally change the law enforcement practice and improve the law enforcement effect if we just put forward requirements of law enforcement at the aspect of value.As rational individuals,law-executor could choose different law enforcement practice logic to carry out the specific law enforcement activities according to the different institutional constraints and the realistic conditions.And the only way is to change the specific institutional constraints and realistic conditions to change the law enforcement logic of the local police station.With the transformation of modernization in Chinese society,the rule of law will eventually adapt to it.And with the improvement of specific institutional constraints and realistic conditions,the practical logic of law enforcement will be changed too.