On The "Equal Of Punity Administration" In Selective Enforcement Of Law

The 18th plenary session of the party agreed with the "CPC Central Committee dicision on several major issues of promoting the rule of law",stating that "ignoring the law,law enforcement is not strict,illigal impunity is more serious,divorce between powers and responsibilities,law enforcement,selective enforcement still exists,law enforcement judicial irregularities,not strict,opaque,uncivilized phenomenon more prominent." Selective enforcement is characterized as illegal enforcement.Among them,the punity administrative acts as a core element of selective enforcement,is the most unique one of many selective enforcement phenomenon.This phenomenon of selective enforcement is the only exception of which uanable to apply with the existing administrative relief system.This unique phenomenon in theory of administrative law is called "wrongful equality",first proposed in 1956 by the famous German scholar Du Lixi,Professor of public law,it is based on the principle of equality for the normative basis of its administrative structure.This phenomenon is in clear violation of the principle of equality of circumstances cannot apply the general relief,is that it is beyond the reach of ordinary administration structure,making it impossible to fit the administrative remedy on the content and form of legal interest required by the specification.But,the fundemantle Constitutional right and public law right of development for solution this a problem provides has explained framework,equal principles as a items basic right has has subjective requests may,democratic sovereignty theory in administrative method in the of constantly in-depth makes"method benefits" of specification meaning occurred changes,administrative relief system should right increasingly became method order itself of history trend,on requests right,theory for heavy frame.Chinese administrative law in order to explain and solve difficulties similar to the traditional theory cannot deal with,to be basic rights theory and public law.