Research On Selective Law Enforcement And Its Legal Control

In the history of human civilization for several years, the society is constantly developing, the economy is constantly making progress, and every country is exploring a suitable way to govern its own country. Their is no doubt that law is the best governing strategy accepted by most countries. However, law is not omnipotent, law can also appear problems, law requires people to legislate, law requires people to carry out, law also requires people to comply with and to admire. In today’s China, the strategy of Rule by law has been put on agenda, but the way of selective law enforcement our country faces has increasingly showed its destructive power along with the development of reform and opening up.Government’s long-term action of selective law enforcement has its own realistic root to exist. In politics, China’s administrative-law-enforcing system have some problems. For example, the function and responsibility between each department is cross, the power and responsibility between each department is not distinguished, and the administrative law enforcement system lack long-time external supervision. In economy, there are also some problems. For instance, owing to China’s broad land area, the resource of law enforcement is seriously lack and the cost of law enforcement is pretty huge. In culture, selective law enforcement has a profound cultural gene to exist. The cultural gene are: people have a tendency to think about “human feelings”, the atmosphere of “circle culture” is thick and the tradition of “Rule by man” is deep-rooted. Moreover, the special national condition of China in law that legislation should follow the principle of “General rather than detailed” is another reason for law-enforcing department to have fully space to carry out the discretion.Selective law enforcement has certain rationality, but it also has the congenial defects. Usually, selective law enforcement has no legitimacy foundation because it violates the Principle of Equality, the Principle of Fairness and the Principle of Administration According to Law. In addition, the situation that selective law enforcement’s lack of long-term legal deterrent which lead to people’s loss of legal faith and the situation that law enforcers’ lack of effective external supervision which lead to serious corruption have already shown great damage to Rule by Law.In order to solve the problem of selective law enforcement, we need to seek strategies from the aspect of “thought shift” and the aspect of “institutional construct”. From the aspect of “thought shift”, we first need to strengthen legal thinking and the idea of Rule by law so that we can realize the shift from “efficiency first” to “equity first”. We also need to treat the third and fourth plenary session of 18 as an opportunity in order to completely implement the great strategy of Rule by Law. At the same time on the aspect of “institutional construct”, we need to build up the beforehand control mechanism, supervision mechanism and afterwards accountability mechanism of selective law enforcement so as to eliminate selective law enforcement and to make law enforcement more fair.