Research On The Legislative Regulation Of Selective Enforcement Of Law In Mass Incidents

Selective enforcement of law in mass incidents refers to the discretion of thebodies of law enforcement in time, space, procedure and legal basis with the purposeof balancing interests and resolving dispute when facing the aggressive behavior theweak party in conflict implements on account of another party s dominant position ineconomic and political. Recently, there exist many troubles of rule of law in theprocess of selective enforcement of law in mass incidents. some phenomena can beanalyzed as follows: On the view of the law enforcement concept, slef-conscious ofenforcers is too strong; the purpose of law enforcement is not reasonable, and theyoften are endowed with a thought that all orders their superiors have made is right.From the administrative subject, some enforcers are incompetent for dealing withsome cases, and the power and responsibility among administrative subject is quiteunclear. From the selection of law enforcement bases, some enforcers often replacelaw with policies and have a tendency not to consider related factors but someirrelevant ones on purpose. As a result, some low rank regulations are applied insteadof relevant applicative laws. From the perspective of law enforcement procedure,some problems such as refusing or putting off people s reasonable appeals, fishingenforcement, violent enforcement and things like this often happen. Quite a great dealof reasons can be found to explain these troubles. For example, the imperfectness ofrelevant law system; some local government officials overemphasize the increase ofGDP and often act as a dual identity of athlete and referee to deal with massincidents; the imperfectness of supervising system; the improper guidance of socialsayings for mass incidents, etc. Based on this, in order to regulate the selectiveenforcement of law in mass incidents, these four forces including legislation,administration, judicature, the new media and the general public sho uld becomprehensively taken into account. Some concrete measures are listed as follows:Firstly, legislature should have strong legislation idea and promote legislationtechnologies. Meanwhile, the law of preventing and disposing mass incidents shouldbe legislated and the law system of selective enforcement of law should be improvedas soon as possible. Secondly, with due procedure, government should increase thecost of manpower and material resources and clear duty and limits of authority ofsubject of law enforcement aiming to build a perfect supervising system of law enforcement and enhance law enforcement in mass incidents. Thirdly, the relief scopein administrative proceeding should be enlarged and executive compensation systemshould be constructed, and also the performance of administrative case and thejudicial relief of selective enforcement of law should be reinforced. At last but notleast, it can be helpful to enhance citizen ’s legal conscious and improve their rightsprotection skills. At the same time, social opinions should be reasonably used toconduct and supervise mass incidents, and also social forces should be effectivelyutilized to regulate the selective enforcement of law in mass incidents.