Research On Flexible Operation Space Of Administration Law Enforcement

In the context of promoting the modernization of state governance system and governance ability,the traditional way of administrative law enforcement is more and more difficult to meet the needs of the times.Therefore,the concept of flexible law enforcement has been paid attention to by all circles and has been widely used in law enforcement practice.Work is increasingly reflected in the "flexible" features.On the basis of literature research,this paper mainly adopts the method of case study to carry on the research on the flexible operation space of administrative law enforcement.Based on the theory of new public management and the basic theory of administrative law and administrative law enforcement,taking the practice of water administration law enforcement in Shanghai as an example,the relevant real cases are selected from three aspects: idea,methods and skills,and four administrative law enforcement links: investigation and evidence collection,case qualification,legal application,administrative punishment,on which to make a detailed analysis and interpretation on the practice of flexible law enforcement in the specific practice of the situation and its effectiveness.This paper argues that the flexible operation of administrative law enforcement is mainly due to the change of objective environment.The new public management thought and the principle of administrative rationality are the theoretical basis of the existence of "flexible operation space".On the other hand,by the administrative legitimacy principle,the space can’t break through the largest law enforcement space constituted by the relevant laws and procedural laws,but is obviously different from the "violent law enforcement","entrapments" and other non-flexible law enforcement the way.With the continuous improvement of the legal system,the space can be further developed and deepened.At the same time,due to the requirement of the modernization of the national governance system and governance ability,the flexible operation of administrative law enforcement will become the active behavior of many administrative law enforcement agencies and law enforcement personnel.Therefore,the nature of the flexible operation space of administrative law enforcement can be summarized as bounded and growth,specificity and ambiguity,passive and initiative.Although there are still many problems in the flexible operation of administrative law enforcement from the practice of water administration law enforcement in Shanghai,there is reasons to believe that with the continuous development of the socialist rule of law,the improving overall social environment,the flexible operation of administrative law enforcement,in the foreseeable future will be a greater degree of promotion and use,and the national governance system and the modernization of governance has a positive significance.