迈向回应型执法:风险防范与制度构建

Marching towards Responsive Law Enforcement with Risk Prevention and Institutional Construction

人类社会已经进入风险社会的时代。执法过程既是抑制风险也是产生风险的过程。转型时期执法风险主要反映在执法主体、执法对象、法律法规和社会整体等4个方面。防范和控制执法风险的根本选择是实现执法模式由传统向现代的转变,即从理念和制度两个层面确立回应型执法模式。其中,理念的转变主要指对法律功能定位和行政权运行目的这两个基本问题认知的转变。制度建构方面,应该根据回应型执法的理念要求,改进、建立和废止一些制度。影响回应型执法模式转变的因素有很多,例如执法主体和执法对象的权力理念和规则意识、多元的信息传播渠道和传统执法模式所处的制度系统等。

Human society has entered the era of risk society. The process of law enforcement is not only a risk-controlling process but also a risk-arising process. The law-enforcement risks in the transi- tional period mainly find expression in the subjects of law enforcement, the objects of law enforce- ment, laws and regulations as well as the whole society. The key to preventing and controlling the law-enforcement risks is to change the law-enforcement model from the traditional to the modern. That is to say, the responsive law-enforcement model should be set up on the basis of workable ideas and systems. The change of ideas refers to the cognitive changes in the orientation of legal functions and the operation purpose of administrative power. As for institutional construction, it is necessary to establish, improve and abolish some systems according to the requirements of responsive law-enforce- ment ideas. Some factors influence the change of the responsive law-enforcement model, such as the power-related ideas and the rule-related consciousness of the subjects and objects of law enforcement, the pluralistic information dissemination channels and the existing institutional systems of the tradi- tional law enforcement.