Research On Selective Enforcement In Grass-roots Transportation Management

Selective law enforcement is a common phenomenon in administrative law enforcement.There are many different interpretations in the academic world.Selective law enforcement cannot be completely eliminated,whether it is restricted to limited administrative law enforcement resources or based on the incompleteness of the law.At the micro level,the existing research still lacks a sufficiently accurate understanding of the logic of selective law enforcement’s formation.Therefore,this article analyzes selective law enforcement behaviors through the micro samples and from the perspective of law enforcers,which is helpful to recognize the current status of administrative law enforcement,enhance the effectiveness of administrative law enforcement and promote the reform of administrative law enforcement systems.Restricted to the limited administrative resources,the grassroots transportation management department and law enforcers cannot and do not need to investigate all illegal acts.As a rational person,the law enforcers obviously have fallen into the predicament of collective action.Compared with the huge transportation management system and the public welfare attributes of the transportation environment,the law enforcement gains of an individual law enforcer is obviously greatly diluted,“hitchhiking”is becoming the general mentality of grassroots law enforcers.As a result,law enforcers prefer cases with low law-enforcement costs and risks,although these cases just bring limited social benefits,while the cases with high law-enforcement costs or risks are often selectively ignored.It can be seen that for the grassroots law enforcers,among the various options allowed by law,the best option is the option which can maximize their own interests.The behavior of law enforcers contains more considerations of self-interest than the realization of collective goals and the improvement of social welfare,which is the reason why the actual transportation management has not been able to play the role of industry supervision effectively.This article analyzes the administrative law enforcement cases in the transportation management of X County from 2016 to 2018 and finds that almost all the qualitative cases in the administrative cases are centralized and invoked in asmall number of laws and legal regulations.In addition,there are a large number of laws and regulations that have not been implemented for a long time.At the same time,it can be found that some regulatory target are in a relatively weak position in administrative law enforcement and may pay relatively more illegal costs.And because of the content of the legal provisions is vague,the enforcement procedures is not clear,the discretionary standards is lacking,the administrative enforcement objectives are wrong and the external supervision’s pressure is not enough,the administrative enforcement actions have lacked long-term standardized enforcement procedures and unified enforcement standards.The behavior of law enforcers has a significant tendency of avoiding costs and risks,this tendency can’t truly reflect the actual condition of the social operation,which leads to the disconnection between law enforcement supervision and social reality and makes lack systematical supervision of the whole industry and lack of long-term effectiveness.Through researches and analysis and combined with relevant theories,this paper believes that the administration of selective law enforcement still needs to return to the path of the rule of law and offset the impact of various negative factors,allocate administrative law enforcement resources and standardize the behavior of law enforcers by constructing the administrative law enforcement system.In this way,the selective law enforcement actions in the transportation management of County X are governed and the efficiency of administrative law enforcement will be improved.At the same time,I hope that this article will provide some theoretical references for improving the overall transportation management level and promoting the reform of the comprehensive administrative law enforcement system.