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The New Patch to Solve the "Campaign-Style" Law Enforcement: Construction of an Independent Law Enforcement Agency

Author: YingShaoYan
Tutor: LiBaoQi
School: Yanbian University
Course: Constitutional and Administrative Law
Keywords: "sports-style" law enforcement independent law enforcement agency solution path
CLC: D920.0
Type: Master's thesis
Year: 2010
Downloads: 110
Quote: 0
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Abstract


In daily life, "concentration and control," "special treatment", "a certain action" and other words frequently in newspaper can not be denied, "campaign-style" law enforcement has become the norm in administrative law enforcement there. In legal circles, many scholars in the real level of recognition of "campaign-style" law enforcement is reasonable, but the level of value on "campaign style" law enforcement and the relationship between the process of China’s rule of law, "campaign-style" law enforcement and procedural fairness, the relationship between human rights protection study, that "sport style" law enforcement has a self-evident flaws and shortcomings. Construction of deepening the rule of law today, we need to "campaign-style" solution to the path of law enforcement to conduct in-depth thinking and research.The first part is an introduction, including research background, purpose and significance of research methods and research status.The second part is a "campaign-style" law enforcement analysis of the research done for the following theoretical groundwork, drawing on existing achievements in academia based on the "campaign-style",defining the concept of law enforcement. Through the classic case of "campaign-style" enforcement of the characteristics of the specific analysis, from the "movement-type" enforcement of the characteristics, the thesis analyzed the inherent flaws. From the perspective of "movement-style", the thesis concretely analyzed the defects of law enforcement, drawing this conclusion:the rule of law in China is against the background of construction, "campaign-style" law enforcement is an issue that must be resolved.The third part focuses on figuring out a solution to the "campaign-style" law enforcement of the current academic. This article analyzed the research methods literature, summarized the academic solution "campaign-style". Three Ways of law enforcement:completely abandon the "campaign-style" law enforcement, building enforcement mechanism normalized by the "campaign-style" law enforcement changes to the normal state of law enforcement, "campaign-style "Law Enforcement, Reform. In summing up a path on the basis of academic solution, this solution to these three respective advantages and shortcomings of specific analysis, obtaining in the present circumstances of these three solution paths is not the best way to arrive at the conclusion.The fourth part of this article:Bringing out new path to the "campaign-style" enforcement of the-to build an independent law enforcement agencies. The existing academic solutions are not in the current circumstances the best, so this thesis humblely put forward their own solutions. "Campaign-style" law enforcement presence is the root of the right of the horizontal dispersion of administrative law enforcement, this paper started from the integration of law enforcement powers, focusing on law enforcement power to building of law enforcement agencies, to eliminate the root causes of "campaign-style" law enforcement. Firstly, the theoretical foundation and legal basis from the two demonstrated the feasibility of building an independent law-enforcement agencies, followed by the specific construction of the body of this article described the general ideas and specific ideas. Building a clear idea of the premise, this paper set the terms of reference of the institution, organizational structure of the initial ideas. Finally this paper envisaged operating mechanism.

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