基层执法专业化的实践困境及其解释——兼论基层执法的多元属性

The Practice Predicament and Explanation in the Process of Professionizing Law Enforcement at the Grass- roots Level——and Also the Multiple Attributes of Basic Law Enforcement

以鄂西S镇食药执法工作为例,对基层执法专业化的实践困境进行机制解释,并探讨当前基层执法的多元属性。在基层,执法者为了应对执法专业化的实践困境,常采取新设执法目标、变通执法手段、折扣执法标准等执法策略。上述执法策略暴露出执法专业化存在的准入门槛过高、监管要求过严、执法标准过于单一和处罚措施过重等问题,它们是导致执法工作陷入困境的直接制度缘由。在这背后,基层执法部门的治理考量、执法人员的干部身份、社会生产生活的传统性和基层民众的生存需求则是促成执法实践困境的深层机制原因。基层执法专业化的实践困境,凸显出当前立法环节工作中公众参与的偏颇和缺失,而基层执法的治理性和群众性,则证明了执法阶段对于弥补法律缺陷、优化法律实效的重要意义。

Taking the law enforcement work in the field of food and drug administration in the western part of Hubei Province as an example,it can explain the mechanism of the practical dilemma of the specialization of law enforcement in grass roots,and explore the nature of the work in grassroots law enforcement. In the practice of law enforcement specialization,in order to avoid the conflict of law enforcement and reduce the social contradiction,law- executor often take a new law enforcement objectives,alternative means of law enforcement discount law enforcement standards and so on. This law enforcement practice has exposed that the access threshold of law enforcement standards is too high,regulatory requirements maybe too strict,law enforcement is too single and penalty may be too heavy and so on. They are the direct cause of the dilemma of law enforcement. At a deeper level of governance and social context,governance preference,the identity of the cadre of law enforcement officers,the tradition of social production and life,the survival needs of the grassroots of grassroots law enforcement agencies jointly shape the formation mechanism of grassroots law enforcement professional practice dilemma. The practical dilemma of grass roots law enforcement specialization,highlights the bias and the lack of the current legislative aspects of public participation in their work. The governance and mass of law enforcement at the basic level,proves that the law enforcement work is of great significance to make up the legal defects and optimize the effectiveness of the law.