Research On Selective Enforcement And Its Governance

Selective enforcement is legal phenomenon to violate the equal rights of citizen. Its specific manifestation is to the same situation for some action, another omission. The same as that all the case must be solved is the rule of law ideal, from the limited resources of law enforcement and so on, this legal phenomenon have been difficult to root out absolutely. However, for protecting the human dignity, this article advocates the principle of equality should be followed in the administrative enforcement process. The principle of equality which should include prohibits arbitrary principle, the principle of executive self-restraint and consistency of principles to try to control the occurrence of selective enforcement. Therefore, this article attempts to find out the reasons which resulted selective enforcement according to Social Psychology Field Theory and suggests the solutions for governance selective enforcement. The article aimed to solve the executive omission s from the perspective of the same condition to protect the equal right and to supervise the executive omission for the equal rights of the Administrative Relative Person and so on.This article is divided into four chapters besides introduction:Chapter I, the general theory of selective enforcement. Selective enforcement is legal phenomenon to the same legal facts that some of them could be enforced according the law by the administrative subject for many reasons but the other not. It is one of unfair enforcements, that is, different treatment of the same kind of situation. Selective enforcement occurred both in the field of strict administrative and in the field of administrative discretion. Selective enforcement is different from the concept, for example, the administrative discretion and sports-style of law enforcement. It has its own referential features. First, the concept itself contains two or more independent of the administrative action; second is that the object of law enforcement is not entirely Third, administrative decision is inconsistent to the same situations. It is not related to the selection stage of administrative discretion, but involving the decision stage of administrative discretion. Its extension is wider to administrative discretion. The concept "selective enforcement" is comparative. It contains two or more indepdent behavior.Among them, the administrative action is legal, the exception is illegal under the specific administrative act; while the administrative omission is illegal.ChapterⅡ, cause of becoming selective enforcement. Administrative law enforcement is implemented by people with the natural and social properties. Therefore, in this paper, the field theory of social psychology is be used to dissect the causes of selective enforcement. Law enforcement as being the real and imaginary power field, economic field, legal field and scenario field to influence the administrative decisions made inconsistent. Among them, the political nature of administrative power, law enforcement coats scarcity and administrative legal norms uncertainty become the subjective and objective reasons for selective enforcement. In addition, the natural attributes or social property of law enforcement officials and features of administrative counterpart can be externalized into different cognitive, emotional and affective, such these things cause selective enforcement.ChapterⅢ. the general theory of governance selective enforcement. Selective enforcement is of great danger to constitutional, human rights and the rule of law.therefore, it is necessary to govern it. This paper suggests that human dignity theory should be taken as the theoretical basis for governing selective enforcement. In analyzing the content of administrative law principle of equality, the principle of consistency for administrative law enforcement should be complied with.Chapter IV, the specific measures for governing selective enforcement. Governance selective enforcement of the core task is to control administrative omission. This article suggests that selective enforcement should be controlled from the legislative, administrative and judicial levels. First, the article suggests the legislative and executive levels of management to control selective enforcement according the different reasons what have caused it. Second, the article analyzed how to control the selective enforcement.for example the related person or the relative person could relived the interests which have harmed by selective enforcement. The essence of selective enforcement is of administrative omission and dereliction of duty. Selective enforcement of judicial relief is actually to relive administrative omission, dereliction of duty and other problems which have caused unfair. Selective enforcement may be violating the interests of the private interests or the public interest. In view of this, the paper argues that selective enforcement of judicial relief proceedings should be based on subjective litigation which supplemented by objective litigation and self-interest litigation which supplemented by public interest litigation. Selective enforcement of judicial relief benefits including equal rights, other rights, public interests, interests of individuals, reliance interests and so on. Selective enforcement claim of judicial relief includes obligation imposing lawsuit, action of confirmation, rescission action and compensation suits.