乡村社会警察执法“合作与冲突”二元格局及其解释——“互动-结构”的视角

Cooperation and Conflict:Dual Structure of Police Law Enforcement in Rural Society and Its Explanation from the Perspective of "Encounter"

乡村社会警察执法包含两种互动模式。执法互动发生于乡土空间下,乡土空间拥有自治性、熟悉性、不确定性、模糊性特征。常规状态下警察呈现出消极的执法姿态,将执法权转变为压服策略,以摆平理顺、化解矛盾。发生执法冲突后,为重建秩序、重塑权威,警察转而积极执法;面对专项行动、联合执法,为完成执法任务,警察主动出击,执法权的决断性得以凸显。乡村社会转型下村庄内生秩序机制瓦解,警察在乡村治安中承担主要角色。但执法领域内国家能力相对匮乏,警察执法事务具有系统性,执法能力与执法需求发生张力。一线执法活动难以被科层体制所捕获,监管者与执法者之间信息不对称,针对一线执法的监管难以落实,只能依赖目标管理责任制来激励执法。嵌入乡村社会与科层体制结构内的警察执法最终形成合作与冲突相循环的二元格局。深化公安改革,推动警察权法治化,应秉持全局思维,打击执法不规范行为,探索新型监管机制,充实乡村警力资源,并积极吸纳社会力量参与执法。

There are two types of encounters in rural police law enforcement. Encoun- ters occur in rural space, which has the characteristics of autonomy, familiarity, uncertainty, and fuzziness. As a result, police tend to adopt a passive attitude in regular law enforcement sit- uation and turn law enforcement power into a power of coercive persuasion, so as to settle dis- putes in a non-confrontational way. In case of violent conflict, police will resort to active law enforcement, so as to rebuild order and uphold authori law enforcement actions and joint law enforcement ac and the decisiveness of law enforcement power become ty. The same encounters occur in special tions, in which police become proactive prominent. Police are playing a key role in maintaining public order in rural areas after the collapse of traditional internal village order- keeping system during the period of transition of rural society. However, the police have failed to achieve their law enforcement goal due to the lack of state capacity in this field. It is difficult for bureaucratic system to capture law enforcement actions out in the field and there is an infor- mation asymmetry between supervisors and law enforcers. As a result, formal supervision over law enforcement actions in the field becomes difficult and the objective management responsibil- ity system is relied upon to motivate law enforcement personnel. In order to deepen police re- form in an all-round way and bring police power under the rule of law, China needs to adhere to the global thinking method, crack down on irregular law enforcement beha~,iors, explore new su- pervision mechanisms, increasing the number of policemen in rural area, and enhance public participation in law enforcement.