On Problems Of Formal Law Enforcement

The Eighteen Fourth Plenary Session proposed a requirement of "standardized law enforcement". However, it is a universal phenomenon that administrative inspection mainly checks licenses, evidence are generally legal instruments, punishment results are generally in relative acceptability of the main human. Such enforcement is called "formal law enforcement." Through research and induction, analysis, the author summarized the reasons of the various stages of formal enforcement analyzed one by one.In the license-based administrative checks, the various reasons of formal enforcement are that all types of legitimate business enterprises need to license more relevant qualifications, many administrative counterpart have not the relevant license, lack of enforcement power of the executive authorities, law enforcement officers do not have the relevant professional skills, some illegal behavior needs collaborative law enforcement. What is more, faced with law enforcement duties and efficiency, law enforcement officers focused on simple license investigate such the behavior of license violations while less investigation of other illegal behavior during the inspection.In evidence collection stage of majoring in the legal documents, law enforcement officers must consider that people will choose the relative administrative reconsideration or administrative proceedings and other relieving behavior after the administrative relative person be punished. The administrative organs need to avoid bearing the adverse consequences in the act of the relief. Taking into account the strong proof of legal instruments, enforcement efficiency requirements make a choice of law enforcement officers’ instruments, insufficient enforcement resources and equipment reasons, the state organs made more powerful proof of legal instruments than other evidence. So, in a short time, law enforcement officers would rather collect key legal instruments evidence than other kinds of evidence.In law enforcement stage of making the punishment results of relying on the counterpart acceptability, law enforcement officers can not make punishment that ignoring the effect of the implementation of punishment. Since the reasons that the scope of punishment of laws and regulations do not meet the actual situation of law enforcement, and the administrative relative person does not accept the normal amount of punishment, thus, law enforcement officers decide the amount of penalties that depending on more circumstances of administrative counterpart obligations, less consideration to the rules of laws and regulations.Therefore, law enforcement officials made the decision according to the acceptance by the administrative counterpart.Long-term implementation of formal enforcement will cause some disadvantages that the laws and regulations will lose its effectiveness because they are not used for a long time; laws and regulations will suffer serious challenge to the authority; administrative law enforcement pay more attention to efficiency and belittle accounted of law enforcement responsibility. To solve these problems, the author suggests that legislation should be improved, law enforcement security should be intensified; Different departments should be collaborative to enforce law; law enforcement personnel of law consciousness should be raised. After these improvement measures, formal enforcement will head for standardization and eventually be replaced by standardization of law enforcement.