选择性执法问题研究

Research on the Selective Law Enforcement

在一定程度上,选择性执法是对法治基本理念的违反。通过对选择性执法的概念和表现形式及原因的探究,可以发现,与其合理性相比,它的危害更加显而易见,因此采取合理的措施对其进行规制就十分必要。选择性执法表现为在执法对象、执法时间、执法程度、执法领域等方面的选择。选择性执法有复杂的原因,其主要有社会层面的也有法律层面的。从法律层面而言,规制选择性执法的主要路径包括:执法公开及加强监督、提高执法人员素质、减少自由裁量内容、设定合理的绩效考核标准、建立责任追究机制。

To a certain extent, selective enforcement is a violation of the basic principles of the rule of law. Through research on concepts, forms and reasons of selective law enforcement, it can be found that its harm is more evident than its rationality, so to take reasonable measures to regulate it is necessary. Selective law enforcement has various forms, such as selection in objects, time, ex- tent, field and so on. Furthermore, selective law enforcement has complex reasons, but social aspects and legal aspects are the main reasons. From the view of law, the regulation of selective law enforcement mainly includes： public law enforcement and strengthe- ning supervision, improving the quality of law enforcement personnel, reducing discretionary content, setting reasonable evaluation standards of the performance, and the establishment of accountability mechanisms.