Discuss The Reasons Of The Existence Of "Fishing Enforcement" In Our Country And The Countermeasures

With the development of China’s economy, the process of our legal construction is also accelerating. However, some administrative cases by using the regular law enforcement has been unable to meet the needs of law enforcement personnel requirements, it is frequent phenomenon that do not standardize law enforcement. So it gives the chance for "fishing enforcement" with temptation to arise at the historic moment. While, the government as the exercise of public power has responsibility for maintaining the public interests, and it is also an important force for protecting social harmony and stability. So the government should not make the social disharmonious factors.The thesis has mainly adopted the empirical analysis. The author raised the "fishing enforcement" from a case, and analyzes this case, dissected the reasons of the existence of "fishing enforcement", and put forward the countermeasure and suggestions, in order to promote the administrative law enforcement more rationalization and legalization.The paper consists of four parts and the text has over 15,000 words.Part one focuses on the "fishing enforcement" form a case. First, the author introduced the case in brief, and explained the focus of the case, and put forward focus for the view of the case.Part two interpreted what is a "fishing enforcement". First the author explained "fishing enforcement" from the concept, to distinguish between these two concepts of "temptation investigation" and "law enforcement trap", to interpret the characteristics of "fishing enforcement". The author also dissected "fishing enforcement" has much harmfulness, such as the infringement of citizens’ rights and interests, damaging the government’s credibility, sullying the dignity of the law, degrading social conduct.Part three analyzes the causes of the existence of "fishing enforcement". The author thinks that why "fishing enforcement" is frequent has many reasons. Among them, the abuse of public power for "fishing enforcement" provides a nourishing soil; The enforcement of the economy is the motive of "fishing enforcement"; The lack of legal norms and procedures are not standardized contributed to the prevalence of "fishing enforcement"; The quality of enforcement officers is low indirectly led to "fishing enforcement"; Power restriction is not perfect also offers an umbrella for "fishing enforcement". These reasons finally led to "fishing enforcement".Part four according to the reasons of the existence of "fishing enforcement" proposed the solution countermeasures. First of all, the author thinks that we should limit the abuse of public power and carry out administration according to law enforcement philosophy. And that it is essential that we should improve law enforcement funding security system to cut down the interests of the chain. Second, the author thinks it is feasible to improve the administrative legislation, both from entity and procedure to eliminate the occurrence of "fishing enforcement". Finally, the author gives suggestions of improving the level of law enforcement of law enforcement personnel to change the concept of law enforcement. The author issues suggestions about establishing and improving the supervision mechanism to supervise the activities of law enforcement personnel. Eliminating "Fishing enforcement" is not a short duration of time, so we need to be prepared for a protracted war. The author considers that only change the right standard from the concept, do action of administration according to law, improving and perfecting the system to reducing the occurrence of "fishing enforcement".