On The Causes Its Way Out Of The Campaign-style Enforcement

Although the critics about the legal enforcement in a way of social crusade from theacademic circle lingering in our ears for a long time, but such an administrative managementhas still been thrived. Some researchers based on the social reality of the so-called ‘phase ofsocial transforming’ in order to find just reasons for Chinese public management, and deemsthe Campaign-style law enforcement as a temporary method for today’s social management.In this thesis, we acknowledge the specified character of China’s social phase of‘transforming’, but it cannot be a just reason for the existence of Campaign-style lawenforcement, and it is such an opinion which deprives the opportunity to correct or dismissthe Campaign-style law enforcement. Just as P·Nonette pointed,’seeing the pressure fromsociety as the origin of cognition and a chance of self-correcting. Thus the thesis will analysisthe origin of Campaign-style law enforcement from the tradition and reality, and will manageto discuss the future of such legal enforcement.There are four parts within the thesis. The first part will depict the phenomenon of theCampaign-style law enforcement to introduce the conception of Campaign-style lawenforcement, and through the analysis of current definition of such enforcement incontemporary academic circle to define the Campaign-style law enforcement.The second part is the analysis of the disadvantage of the Campaign-style lawenforcement. Such kind of enforcement is totally depend on the government’s public power,and it’s defects have been exposed while it makes some positive effects by the rude, sever,effective manners in deal with a critical public event. First an most, it’s centralized andlarge-scaled manner of management leads the soaring of the cost of enforcement, wastes theadministrative resources. Second, it deviates from the spirit of the Rule of Law. It breaks theultimate principles of the Administrative law while it undermines the regularized functionwitch law should be have. Ultimately, the temporality and repeatability of the Crusaderenforcement of law render the un-thoroughness, Incompleteness of it’s effects ofadministration. It would lowers the function of deterrent of law and would makes thegovernment to lose it’s credibility either.The third part is the analysis of the origin for the Campaign-style law enforcement. It’s acritical component of the thesis. Hitherto, the Campaign-style law enforcement is the indispensable measure by the Chinese authority in it’s state management to heal some toughsocial diseases in a centralized way. The government adopted such a manner consistentlywithout thought while the academics makes their hash critics about it Why has such anadministrative manner of temporality and repeatability been a common manner adopted bygovernment in it’s public control and social management? The thesis will discuss thehistorical and practical foundation of the Campaign-style law enforcement in both of thedimension of history and reality form the perspective of jurisprudence. From the viewpoint ofhistory, the traditional idea of an almighty Law makes the law in China to be a manifestationof the ‘Rule By man’, and it is the governing by crusade an policy foster the habitual thinkingfor the government to take the crusader manner as a best path to common administrative.From the perspective of social reality, we will clarify the realistic soil of the crusaderenforcement of law by such three aspects: law, society and administrative mechanism.The forth part will analyze the cause of formation of the Campaign-style lawenforcement and manage to discuss the it’s validity. First, we should focus on the protectionof human rights to re-orientate the value of law enforcement in order to convert the doctrinalidea of administration an management. Second, makes the social institutions to be acomplementary mechanism in the social management is also an important aspect for thecultivation of democratic rule of law, and it is an effective way to prevent the law to beutilitarianism. Therefore, such kind of social institutions could be a thrust for the realizationof the Rule of Low. Finally, through the regularity of the power of administrative enforcementto resolve the problems within the mechanism of administrative enforcement.