Causes And Regulation Of Selective Law Enforcement

Selective law enforcement refers to the law enforcement behavior that the law enforcement subject selects the legal basis,law enforcement place,law enforcement object,law enforcement procedure and law enforcement behavior in the process of handling similar cases based on some objective or subjective factors.Different from the general administrative behavior,it has the characteristics of concealment,comparison and diversity.As a phenomenon of law enforcement,it exists objectively for a long time.It has its rationality,irrationality and harmfulness.The rationality of selective law enforcement is reflected in saving law enforcement costs,improving law enforcement flexibility and enhancing the deterrence of law.But at the same time,selective law enforcement violates the principle of equality,promotes law enforcement corruption,destroys the construction of the rule of law and faith,and also has many irrationalities and harmfulness.Therefore,it is of great significance to fully understand the two sides of selective law enforcement,deeply study its causes and other aspects,and put forward corresponding regulations and suggestions.Based on the investigation of the research status at home and abroad,combined with the practical cases in administrative law enforcement,this paper goes deep into the grass-roots units for field investigation and research,discusses and analyzes the specific cases,and carefully considers and summarizes the causes of selective law enforcement.This paper makes an in-depth study on the causes of selective law enforcement from four aspects: the imperfect legal system,the lack of standardization and supervision of the exercise of power,the non-standard law enforcement procedures and the adverse environment of law enforcement,and puts forward corresponding regulatory suggestions.First,in view of the imperfection of the legal system,it is proposed to improve the defects of the legal system by strengthening legislative interpretation and administrative interpretation,constructing the applicable rules for the conflict of legal norms,and deepening the work of legislation,reform and abolition.Second,in view of the lack of standardization and supervision of the exercise of power,it is proposed to standardize the exercise of discretion and ensure the fairness and rationality of the exercise of discretion through the application of the principle of equality,the principle of proportion and the benchmark of discretion;In the internal supervision of administrative organs,the effect of supervision is guaranteed by establishing an administrative case base and an individual accountability mechanism for law enforcers;In judicial review and supervision,through the review of legitimacy and rationality,and using the review standards of "obvious misconduct" and "abuse of power",we regulate the selective law enforcement,so as to standardize the exercise of rights.Third,in view of the non-standard law enforcement procedures,it is proposed to exercise law enforcement power in strict accordance with the procedures and adhere to the disclosure of law enforcement information to correct the law enforcement procedures.Fourth,in view of the adverse factors of the law enforcement environment,it is proposed to improve the law enforcement environment by establishing a universal belief in the rule of law,paying attention to law enforcement training and improving the assessment mechanism,regulating and guiding public opinion.Finally,a strict,standardized,fair and civilized administrative law enforcement system will be formed to reduce the harm of selective law enforcement.