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The Campaign-style Law Enforcement And Regulation

Posted on:2012-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
GTID:2166330335463366Subject:Law
Abstract/Summary:
Since the establishment of the PRC, campaign-style governance has been taken place for many times in political affairs, economic fields, cultural shpere.If study this phenomenon in a legal perspective, we can call it campaign-style law enforcement. Though law-executor extensively arouse the masses and spare no expense with a determination which can accomplish the whole task at one stroke, the enforcement almost come to nothing as a result of the strategy of time,local,matter selection and the impulse of anti-rules supported by the strong power.As a result, the movement leads the poor situation to a chaos.Concerning the Phenomenon on the campaign-style law enforcement, academia show not only the criticism but also the defence of its reasonable existence, that is, "restructuring society" needs the campaign-style law enforcement, which tallies with law-executor's excuse held by them when they frequently launch the movement in spite of the criticism. This term will inevitably be used as a pretext by the authorities and scholars who used to shirk responsibility or make an explanation.This article also sees the particularity of the society, however, after studying the causes of campaign-style law enforcement, I see that "restructuring society" is not the living space of this movement but the juncture to correct the system, because whether legislators or law-executors ought to "regard the social pressure as a juncture of the source of knowledge and self-correction."This article includes four parts except introduction and conclusion. The first part is the introduction of the campaign-style law enforcement. The second part is the negative effect brought by the movement, which consists of the break of law's certainty, the violation to the citizens' rights, the shift of responsibility, the increase to the law enforcement costs. The third part is the cause of the movement, which has business with the authoritative society, the defect of legal system, the particularity of "restructuring society". The forth part is to correct the wrong system especially depends on the cultivation of the right concept, legalization of policy and respectation to legal procedure.
Keywords/Search Tags:Campaign-style law enforcement, Administrative power, Rules of law, legal procedure
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