Reconsideration Of "Bi-directional Opportunism" Phenomenon In Public Security Punishment Domain

"Bi-directional opportunism"means that the action taken by the police and the illegal suspect who take advantages of some imperfect places in the public security law, put aside"Public security management punishment law"together violate the public interest and the legitimate benefit of the third person to gain the personal advantage during the process of the public security punishment . There are two specific forms: one is that the police depredates the punishment of the illegal relative person in his/her power scope so as to obtain personal interest. There other is in order to gain the personal benefit, the police put aside"Public security Management Punishment Law",enforce the"law"outside the law , deal with the illegal activity in a private way. The reasons causing"Bi-directional opportunism"are: First, the choler mechanism of the public security law hypothesizes human nature in double standards, regards the subject of authority as the selfish representative and the model in maintaining the public interests, while neglects to drive the police's enthusiasm, which leads to the insufficient enforce of the law and leave the opportunity for"Bi-directional opportunism". Second, jumble together the subject who draw up the law (for example public security organ and the natural subject (such as the police who handle the case), which leads to the insufficient supervision to the corruptive behavior of the public security punishment authority under the present me mechanism of the public security law and fail to regulate the behavior of choosing"the opportunism"by the police for pursuing the maximum personal interest. Third ,it can not differ the"order-obey"characteristic administrative-decision pattern from the"proof-business debate"characteristic administrative process, which makes the police lose the power to defends his / her own right ,and buries the foreshadowing of the opportunism exercising. In the end, the negligence of the systematic design casts the evil fruit of"bi-directional opportunism"under the repeated dashing of self-interest, mobile an limited rational human nature.This article proposes three innovative countermeasures. The first one is, recover the"proof-business debate"pattern which should have been followed in the administrative process and distinguish the administrative-decision"order-obey"character. Its purpose lies in stimulating the awareness of maintaining their right of the police in the process of and punishment, in order to resist the power-abusing behavior bone by those authority, to make the public security law mechanism effect to the maximization, enhance the benefit stimulation of the police to drive them to enforce the law impartially, enlarge the risk to carry on non-right gambling, thus causes the opportunism phenomenon reduce to the lowest degree The second one is proposing case white paper to restrict the police who handle the case use freely deciding authority. For the general not high-quality police (this article just refers to the matter. it dose not have any derogatory meaning),"case white paper"can transform the vague regulation and abstract thought of"conforms to the suitable proportion"to some living instances, so it can make it easier to understand. Especially important is the"case white paper"can provide a good reference for the judicial examination and law enforcement supervision. Thirdly, this article suggests boldly we should establish a system called"especially surrenders"in the public security punishment domain."The fortress is easily broken through the interior", in view of the characteristic of the"bi-directional opportunism"of the enforcement outside the law is very difficult to find, and using the point of view the illegal person seek the biggest benefit, the pledge of interest-return in"specially surrenders", so that the behavior of"bi-directional opportunism"can expose automatically. We should take the smaller between two harms". Although the system of"specially surrenders"indulges the related illegal person being evaded the punishment of public security law it goes the"bi-directional opportunism"in the public securely domain a heavy blow and conforms to the long term goal and the overall benefit of the public security law.