A Study Of Violent Law Enforcement

Administrative law enforcement constitutes an essential part of administration work.The legal construction of China has witnessed rapid development under the guidance of the tenet that “there must be laws to go by,the laws must be observed and strictly enforced,and lawbreakers must be prosecuted”.However,there have emerged some intense contradictions in administrative law enforcement practice.For example,some law enforcers adopt simple and violent way of law enforcement in this process,hence intensifying the contradictions and conflicts between law enforcers and relative people,and the violent law enforcement behaviors frequently exposed in public view go counter against the goal of building China into a harmonious society.Violent law enforcement behaviors have damaged the rule of law cause in China while harming the personal and property rights of citizens,and also degraded the dignity and authority of law among the general public.Therefore,the government must attach great importance to the behaviors of adopting uncivilized means for law enforcement among administrative law enforcers,for law enforcement behaviors of administrative law enforcers must be restrained by relevant legal and administrative rules and regulations.In actual law enforcement,enforcers must adopt protection of human rights of relative person as the first value orientation,so as to realize civilized law enforcement behaviors of conducting administration according to law and enforcing the law for the people.This dissertation fully and systematically analyzes and discusses the expression forms of violent law enforcement in society,with a view to revealing the causes and detriments of violent law enforcement and seeking solutions.Apart from introduction,this dissertation consists of the following four parts.In Part one,violent law enforcement is discussed through differentiating and analyzing relevant concepts.From the three angles of behavioral pattern,social pattern and legal pattern of violent law enforcement,it is related to and differentiated from “forceful law enforcement”,“brutal law enforcement” and “illegal law enforcement”,so as to define what violent law enforcement is.Based on the preceding,the five features of violent law enforcement are analyzed and discussed,namely brutality,uncivilizedness,non-proceduralness,right aggression and scattered effect,with a view to conducting a relatively complete positioning of violent law enforcement.As deformed and foreignized expression of law enforcement behavior,violent law enforcement is baring the law enforcement power of government organs and departments granted by the country with force.Violent law enforcement is one kind of figurative title for government in law enforcement not in accordance with legal procedures;in fact,it refers to rude law enforcement displayed as various means like language,body,space and tools.Specifically speaking,violent law enforcement has to possess the following concept elements,namely behaviors of government organs and departments,expression in the form of the compelling force of law enforcement,and one form of rude law enforcement.Part two mainly explains how the foreignized law enforcement behavior of violent law enforcement is displayed in society through citing a large number of violent law enforcement cases.According to different expression patterns of violent law enforcement in society,explanation and analysis are conducted from three aspects.The first one is violent law enforcement behaviors that have directly infringed upon human rights,including those harming personal rights and property rights.From the cases of Wei Wenhua Beaten to Death in Tianmen City of Hubei Province and Puyang Government Forceful Demolition of Bazaar,it can be seen that these behaviors of violent law enforcement have directly infringed upon the human rights of relative person.Even though there are no relevant legal stipulations,in some cases law enforcers are supposed to protect the fundamental survival right,life and health right as well as property right of relative person.The second one is violent law enforcement behaviors that make the general public uncomfortable,including those featuring language insulting and power thinking pattern.From the cases of Shenzhen Traffic Police Insulting and Threatening A Girl and 5.31 Yan'an City Inspectors Violent Law Enforcement,it can be seen that the incomplete understanding of some law enforcement officials of the essence of law enforcement--law enforcement for the people--has caused the foreignization of their law enforcement behaviors,hence making the general public uncomfortable.The last one is illegal violent law enforcement behaviors that transgress the limit of legal law enforcement,displaying the feature of illegality.Most of them are shown in the two aspects of violating legal procedures and abusing discretionary power.From the cases of Xiamen Traffic Police Resorting to Force in Law Enforcement and Zhang Hui Fishing Law Enforcement,in operation of power,although law enforcement is one kind of public power,law enforcers often disregard relevant national legal rules and regulations,or even conduct illegal behaviors.Part three is the key and central part of the dissertation.The author examines how violent law enforcement is produced from the perspective of social culture,namely deep reasons for the foreignized law enforcement behavior generation.The analysis is mainly conducted from the factors of human nature,social environment,history and culture as well as economic cost.First of all,from the angle of law enforcers,when they exercise control of power,the foreignization of this power causes the foreignization of law enforcement behaviors,displayed as power transgression caused by selfish desire serious swelling due to the joint work of privilege and power thinking pattern as well as power disauthorization due to weak service awareness among few law enforcers.Besides,starting from social environment,the current Chinese opening-up and reform as well as socialist modernization cause have stepped into a new development stage.Within this period of major reform and transition featuring accelerated urbanization,it is unavoidable for law enforcers to get in contact with different group interests.Faced with different people and matters,if law enforcers only resort to simple and rude means for law enforcement,then the obstacle between them and relative person will be deepened,hence defying communication and worsening contradiction.The general publics hold that administrative relative people possess private right and administrative law enforcers exercise public power,so it is believed that relative people are a natural disadvantaged group.Therefore,many people misunderstand and even dislike the work of administrative law enforcers;and the uncooperativeness of general public in law enforcement makes their work more challenging.To attract public attention,some media often use some shocking titles as title attractor and make some reports inconsistent with facts against the professional ethics of news practitioners.News media have not guide the correct public opinion orientation,hence worsening the image of law enforcers in the eyes of people.Moreover,from ancient violent law enforcement behaviors,it can be seen that they can be modeled after history.In Bai Juyi's An Old Man Selling Charcoal and Du Fu's Shihao Official,it can be seen that violent law enforcement behaviors were pervasive in ancient law enforcement,and the governance power of law enforcers over the masses was absolute;the obedience as well as the acceptiveness of the masses was also the same.It can be found out in the legal stipulations concerning law enforcement of the dynasties that powerful law enforcement was dominated by order issuance to lower levels,and the right and obligations of administrative relative person were mostly displayed as obedience.This feudal way of law enforcement has influenced us so far.To China with thousands of years of feudal political tradition,bureaucratic and privilege thoughts were deeply rooted.For thousands of years,Confucius doctrines have constituted the foundation,main body and core of Chinese traditional political culture.And its political culture is mainly shown as imperial supremacy,power over freedom and responsibility over right,which also requires the execution of centralization of authority.The thoughts of ancient authoritativeness are also displayed in some violent law enforcement behaviors.In the end,seen from the angle of economic cost,in contemporary society,given that law enforcement involves various aspects of society and government,social matters are complex and varied,hence causing the shooting up of law enforcement cost.Imbalanced distribution between government financial budget and law enforcement cost causes insufficient input into law enforcement,ultimately leading to decline of administrative law enforcement level.Due to shortage of law enforcement funds,some law enforcement departments are faced with “severe financial difficulties”.To raise fund,independent “economic law enforcement” emerges.Some law enforcement organs create incomes through the ways of law enforcement of “setting target” and “replacing governance with penalty”,and insufficient funds of some departments also lead to deviation from correct value orientation.And in administrative law enforcement,there always emerge behaviors of not informing parties involved the right of applying for hearing and defending to uplift law enforcement efficiency,not issuing temporary levying list after levying on properties as well as penalizing first followed by evidence collection,which will all influence the justice of law enforcement ultimately.After analyzing the reasons for violent law enforcement generation in the preceding parts,in Part four,the author will discuss how to avoid violent law enforcement in three angles.The first one is to update law enforcement concept.In conducting administrative law enforcement,administrative organs must regard realizing public rights and interests as their springboard and goal of power execution.If law enforcement organs intend to yield promise,they should regard law enforcement in goodwill as goal while starting from public rights and interests.On the basis of sticking to law enforcement in goodwill,law enforcement power can only be further regulated through using procedures to restrain it,so as to ensure its execution is rightful,legitimate,stable and orderly.The law enforcement authority of enforcers will be further uplifted accompanied by procedural authority improvement.At present,some law enforcers hold incorrect performance stance,which will cause the generation and proliferation of formalism.To contain violent law enforcement behaviors,the previous wrong performance stance must be got rid of,to build sound performance evaluation system.Besides,system guarantee should be put in place,so that all behaviors in law enforcement have grounds.And administrative legislation should be further enhanced,to provide basic norms and procedures for administration in accordance with law.In administrative legislation,relevant issues concerning responsibilities to be undertaken by law enforcers in law enforcement procedures,authorities and illegal law enforcement should be as detailed and explicit as possible,and the modification,supplementation and improvement of current rules and regulations should also be conducted.Meanwhile,the space for random law enforcement should be narrowed.Proper use of administration discretionary power should be ensured through establishing information obtainment system,implementing administrative instruction system and administrative file system,to prevent abuse.Finally,complete and effective supervision must be in place.A professional channel for administrative law enforcement related issues should be opened,so as to allow superior administrative organs to know more about violent law enforcement issues.Besides,supervisory,independent and special law enforcement department supervision organs over relevant departments must be set up early enough to ensure effective internal self supervision,and it is the same case to external supervision.Furthermore,a set of complete and systemic regulations should be put in place for NPC supervision channels and means,and inspection organs must enhance law enforcement supervision to make active contributions to the elimination of uncivilized law enforcement behaviors.