The Exploration Of Selective Enforcement And Its Governance

Selective enforcement generally has two kinds of understandings in theory.One thinks that selective enforcement is an objective way of law enforcement,and it is the means by which law enforcement entities seek flexibility in law enforcement.One believes that selective enforcement is a law enforcement method that the law enforcement subject deliberately takes to treat it differently,which is contrary to the law enforcement fairness.Based on an in-depth analysis of the above two different understandings,the author conducted the following research around the latter selective enforcement focus.The first part,a general overview of selective enforcement.Selective enforcement refers to the law enforcement phenomenon in which the law enforcement subject deliberately treats the opposite person and the inaction of the legal acts in the same situation or similar situations.At the same time,its characteristics,classification and properties were analyzed.The selective enforcement as a case is a legitimate administrative act.When compared with other similar cases,it violates the requirements of fairness and justice.The selective enforcement of inaction is a violation of legal provisions that are illegal legal acts.In the second part,this section mainly discusses the causes and harms of selective enforcement.Selective enforcement is mainly due to unclear responsibilities between law enforcement agencies and law enforcement officials considering private interests,law enforcement slacks and rent-seeking corruption.Selective enforcement will bring certain harm to the society,mainly because it violates the principle of equality,which easily leads to the loss of legal authority,provides space for law enforcement corruption,and detracts from the legitimate rights and interests of citizens and enterprises.In the third part,this part mainly discusses the current status and problems of the selective law enforcement systems.At present,the regulation of selective enforcementis mainly based on the self-correction of law enforcement agencies and the supervision of higher authorities.In addition,social supervision also has a certain role,but the regulation on judicial review is weak.The problems with the regulation of selective enforcement are that the internal regulation mechanism of law enforcement agencies is imperfect,the external supervision mechanism is insufficient,and there are difficulties in judicial review.The fourth part is the perfection of the selective enforcement system.Administrative enforcement agencies should continue to improve the law enforcement system and clarify the power and responsibility relationship between law enforcement agencies: standardize law enforcement procedures,reduce the impact of private factors;improve assessment methods and reduce law enforcement slack.External supervision should strengthen the supervision of specialized agencies for selective enforcement caused by corruption reasons such as rent-seeking.Selective enforcement for other reasons must strengthen information disclosure and rely on the power of social supervision to reduce it.For judicial review of order-based selective law enforcement,judicial advice or public prosecution of public prosecution can be used to provide relief.