Law And Economic Thinking Of "Fishing Law Enforcement"

Top legal event a few years ago, "Sun Zhongjie case" and "Xu Hui case" so that "fishing law enforcement" in the media and public opinion to denounce been stopped. Already phased out the public's attention, but because the car 15 in the first half was "fishing" incident has once again sparked concern. Unresolved issues bound to give you a first strike on a given day. 2009 Shanghai "fishing law enforcement" event set off a frenzy of academic, it does not seem to solve legal "fishing law enforcement" to provide effective methods, or their recovery, what explanation. Scholars and experts in the analysis, since the dreaded "Enforcement economic chain" drive led to a "fishing law enforcement" abuse of law enforcement officers, plus law "fishing law enforcement," there is no requirement, except the principle of "procedural justice" will can all of a sudden "fishing law enforcement" into the abyss. However, the government "non-fishing law enforcement" can not be effective social management, how to protect the efficiency of the enforcement? Based on the analysis, "fishing law enforcement" and "non-fishing law enforcement," the pros and cons on the basis that by taking certain measures to enable the "opportunity to provide the type of fishing law enforcement", so that the balance between the two, not only chose to use extreme "fishing enforcement " or " non-fishing law enforcement " is the most efficient way of law enforcement.The first part, through the "car was fishing law enforcement" issues discussed in this article leads.The second part, through the analysis of interest "fishing law enforcement" in the economic chain between law enforcement and the different actors of the game, we can more clearly see the behavior mechanism "fishing law enforcement" in the interests of all parties driven by the utility. Also, try from a new perspective, "fishing law enforcement" problem.The third and fourth parts, respectively, from the perspective of law and economics and law analysis and comparison of "fishing law enforcement" and "non-fishing law enforcement," the pros and cons, then by comparison can be drawn, the black car in the investigation of illegal operations, in order to ensure the efficiency of law enforcement, but also to combat the accuracy of the results, a strict "non-fishing law enforcement" is unable to meet the requirements of this law, thus "fishing law enforcement" should apply, so that the "fishing law enforcement" and "non-fishing law enforcement," reach a certain balance is the best way to meet the law enforcement efficiency principles.The fifth part, made from non "criminal intent temptation to type" for "the opportunity to provide type"; these four aspects of specification participants "fishing law enforcement," the banning extra-budgetary resources and improve road transportation administration law enforcement supervision and administrative relief mechanism resolved so that "fishing law enforcement" and "non-fishing law enforcement" question of balance, conclude that, enable the "opportunity to provide the type of fishing law enforcement" to reduce the "criminal intent type of lure fishing law enforcement."...