论执法者的守法促进职责

On Law-executors' Responsibilities to Promote Law-Abiding

执法者的职责应该包括三部分内容:守法促进、守法监管和违法应对。然而,出于威权性的执法概念,我们往往只强调"执法必严"、"违法必究"上,忽略了内容丰富、机制多样、意义重大的守法促进工作。文章基于观念批判和实践反思,以及对于守法促进重要意义的分析,提出应重视执法者的守法促进之责,并借鉴国内外相关的理论发现与实践经验为守法促进提供"工具包",最后简要地讨论了如何促进执法者去促进守法的问题。

The law-executors＇ responsibilities should include three parts： to promote, to supervise, and to enforce individual or organizational compliance. However, according to the authoritative concept of law enforcement, we tend to pay much attention to ensuring that the laws are strictly enforced and that law-breakers are punished, little attention to law-abiding promotion which has rich connotation and various mechanisms to help people to comply with law. Following conceptual criticism and practical reflection on the law enforcement in China, based on full analysis about the significance of promoting compliance, law-abiding promotion become a basic duty of lawmen. Chinese law-executors can learn much from other counties＇ ideas, practices and too lkits thereof. At the end of this article is a brief discussion about the motivation for the law-executor to promote people to abide by the law.