基层执法的“双轨制”模式——以计划生育执法为例

The “Double Track System” Model of Law-Enforcement at Gross-Roots——Take Law-Enforcement of Family Planning for Example

基层执法是法治建设的关键环节,计划生育执法能体现基层执法的一般模式与实践机制。计划生育执法在之前的连带责任模式衰落后,逐渐走向了"双轨制"模式:强调依法行政的法治轨道与强调执行实效的治理轨道并行。在法治轨道上,执法队伍建设正规化,执法权行使规范化,执法过程程序化,强调依法行政、尊重人权,但执法任务难以有效完成。治理轨道成为应对困境的重要选择,它通过压力型体制实现体制内动员,通过半正式行政实现权力的末梢延伸,体现基层治理的综合性,是法治轨道构成的有效补充。执法"双轨制"模式是治理转型的产物,既顺应了依法行政、尊重人权的现代法治潮流,也可以提高执法实效,回应基层法治的非规范性、综合性和延伸性,因此可能会存续较长时间。

Law - enforcement at gross - roots, the key link of construction of rule of law and law - en- forcement of family planning can reflect the general form and practice pattern of the law - enforcement at gross - roots. Law - enforcement of family planning has gradually formed ＂double track system＂ model after the de- cline of joint liability model before ： the track of rule emphasizing law of administration according to law and the track of governance emphasizing the actual effect of execution. On the track of rule of law, regularization of law enforcement team construction, law enforcement power is regularized, law enforcement process is pro- grammed, and the administration according to law and respect for human rights are emphasized but it is diffi- cult to effectively complete the mission of law enforcement. The track of governance has become the important choice of dealing with troubles. It realizes the system mobilization through the pressure system. It achieves the extension of power through semi administration. It also reflects comprehensive of governance at gross - roots and effective complement to the track of rule according to law. The ＂double track system＂ model of Law - en- forcement is the product of governance transformation. It not only conforms to the modern trend of administra- tion according to law and respects for human rights, but also improves the effectiveness of law enforcement and responds to the non normative, comprehensive and extension of Law - enforcement at gross - roots. As a con- clusion, it may exist for a long time.