| Selective law enforcement refers to the administrative law enforcement main body for the same situation differently painstakingly, some of, some not to, so that violate citizens’ equal rights law phenomenon, it is essentially a discriminatory law enforcement.The way of law enforcement is not only damage the credibility and authority of law, more make the administrative relative person feel sense of inequality and cause social unrest.Keep the bottom line of rule of law, maintain the authority of law, will take law as the "weapon", restricting the selective law enforcement activities.Judicial review as the most traditional way and authority supervision, safeguard the rights and interests of individual is, the effective ways to control the administrative power, selective law enforcement should be brought into the scope of judicial review, is the guarantee of administration according to law ought to be.Constrained by many defects existing in the our country the present judicial review mechanism, selective law enforcement and judicial review of the existing theory of blind area and practical obstacles.Because of this, based on the selective enforcement of judicial review as the core, from the analysis of its basic theoretical question in the comprehensive investigation under the premise of internal and external present situation of judicial review, improving Suggestions for selective law enforcement and judicial review system in China.This paper will be divided into five parts:The first part:,the network of "red valley beach police selective check illegal" and "xiaogan rather than man mall smoking was detained" two selective enforcement case to introduce the case, the focus of the legal issues involved in the counterproposal were analyzed, and put forward the following questions:the moment of selective enforcement of questioning and criticism to stay on the public opinion "crusade" level, is whether to place it in the framework of the current judicial process, from the aspects of standardization and institutionalization of law, and the meaning of "equality" by a declaration of the public words, converted to a judicial remedy protection "equal rights"?The second part, the concept of selective law enforcement, characteristics, legal nature and other basic theory problems are analyzed.Use current selective law enforcement "is generalized, its definition, is not a system. This article of selective law enforcement "refers to the administrative subject deliberately to discriminate the administrative relative person, in the same case, some of, some not to, so that violate citizens’equal rights law phenomenon.The third part,necessity is mainly discussed.The order value of selective enforcement challenging law, induced illegal speculation, the breeding ground for corruption law enforcement and other aspects of the harm, hinder the process of rule of law, is an urgent need to external supervision.The fourth part,mainly to our country the status quo of selective law enforcement and judicial review and investigation and the existing problems are analyzed.Overall, the selective law enforcement and the judicial review of the status quo of present a negative conservative.Cause selective law enforcement and judicial review from the folk "hot" requirements to judicial "cold" response, there are many reasons for the gap of the institutional flaw is fundamental.The fifth part,to perfect the idea of selective law enforcement and judicial review system, mainly including premise, action, claim, the scope, standards, and reinforcing six aspects. |
