| In academic circles,there are roughly two different views on selective enforcement: one is that selective enforcement is to meet the needs of social reality or the needs of changing situations,and it is objective for law enforcement subjects to flexibly adopt different law enforcement methods;The other is that selective enforcement is a law enforcement method deliberately adopted by law enforcement subjects under the same or similar circumstances,which violates the spirit of the rule of law and violates the fairness of law enforcement.The author focuses on the second kind of selective enforcement that belongs to illegal nature.In practice,the second kind of selective enforcement of illegal nature still exists in large numbers,and enduring,unable to completely eliminate,and the requirements of fair law enforcement deviated.In view of this,this paper puts forward the idea of regulating such selective enforcement,minimizing the emergence of a large number of selective enforcement phenomenon,as far as possible to bring administrative law enforcement into the track of the rule of law.This paper starts with the basic theoretical problems of selective enforcement,such as the basic concept,characteristics,forms and legal attributes,and analyzes selective enforcement from the perspective of ontology.After analyzing the noumenon of selective enforcement,the causes and harms of selective enforcement are further studied to demonstrate the necessity of legal regulation of selective enforcement.In addition,from the legislative regulation,judicial regulation,administrative regulation,discipline inspection regulation and other four aspects of selective enforcement regulation,the status quo and existing problems of selective enforcement regulation in China are deeply analyzed.Finally,as the core and key of this article,in combination with the current selective enforcement regulation in China,trying to explore existing at home and abroad,on the basis of experience from the selective enforcement of legislation regulation,administrative supervision mechanism,judicial review system,discipline inspection system and improve the social supervision mechanism,to improve the regulation put forward the corresponding suggestion for selective enforcement,In order to reduce the stock of selective enforcement to achieve the real sense of administrative law enforcement. |
