Chapter 13 Chapter 11 Feeling the Pulse of "Sports Law Enforcement"

"Movement-style law enforcement" tends to reduce the prestige of the government and law enforcement agencies, and also breeds formalism, which weakens the seriousness and consistency of law enforcement. In order to rectify the "black cars", in the early morning of April 24, 2006, the Beijing 16th Committee and Bureau launched a month-long "hurricane operation".According to the "Notice on Investigating and Banning Unlicensed Operations According to the Law" issued by Beijing, all black cars seized during the period will be "death penalty", that is, all models will be fined up to the upper limit of 500,000 yuan.If it is checked for the second time, in addition to being fined, the vehicle will be confiscated.

However, the reporter's investigation found that although many "black cars" were arrested in this operation, most of them were temporarily rested or implemented "strategic transfer" to the outer suburbs and counties where the attack was relatively weak.And those suburban areas where "black cars" originally gathered, the flooding trend is getting worse. Relevant experts believe that such "hurricane operations" are basically "sports-style law enforcement."Although this form of law enforcement is necessary at present, its highlighted disadvantages cannot be ignored.Relevant law enforcement departments should gradually change their concept of law enforcement and minimize the use of campaign-style law enforcement with the continuous improvement of our country's legal system.

In daily life, terms such as "centralized rectification", "special governance", "XX action" and "XX campaign" are common in the newspapers, and some law enforcement agencies are also accustomed to concentrating superior human and material resources to form a "fist" offensive against illegal phenomena.This method of law enforcement is called "sports law enforcement" by common people. Beijing's "Operation Hurricane" provides us with a typical example of sports-style law enforcement.According to the statistics of the Beijing transportation management department, before the action was launched, the number of "black cars" in Beijing had reached 60,000 to 70,000, while the number of regular taxis in the city was around 66,000.

In this severe situation, Beijing set off a month-long "Hurricane Operation", and subsequently introduced a reward system for whistleblowers, giving heavy rewards to whistleblowers.At the same time, the accountability system was launched, and the leaders and relevant responsible persons who were seriously irresponsible and did not take crackdown and law enforcement actions were implemented. Relevant data show that by the end of May 2006, Beijing had seized 12,921 "black cars" of various types according to law, and imposed administrative fines and other penalties on 9,940 people engaged in illegal operations.During the period, the public security organs detained 33 people for criminal activities and 340 people for public security detainment for illegal operators who blackmailed, injured passengers and taxi drivers, caused trouble for business, and obstructed and resisted law enforcement.

"After one month, the 'black cars' have not decreased, but have been transferred to areas where law enforcement is relatively weak." On June 28, 2006, a Ms. Wang who often took "black cars" to work in the suburbs said that now the urban "Black cars" are not seen as frequently as before, but "black cars" are still very active in hospitals in the outskirts of the city, at the gates of residential areas, and around stations. "If I can afford to pay a fine of 500,000 yuan, why should I still drive an illegal car?" A "black car" driver who still goes out to "work" every day told reporters, "I know nothing but driving. Once they are found, the car will not be taken away. It doesn’t matter whether they are detained or not.”

Relevant persons from the Beijing Municipal Traffic Management Bureau also admitted that although "Operation Hurricane" has significantly reduced all kinds of illegal business operations compared with before the rectification work, the rectification of "black cars" at the junction of urban and suburban areas is still not ideal, and the phenomenon of rebound in urban areas is also very serious , "Cracking down on the illegal operation of 'black cars' is an arduous task." In fact, many departments have been using sports-style law enforcement similar to "Operation Hurricane" very smoothly.For example, in criminal law enforcement activities, cracking down on gangsters and evil, pornography and illegal activities are the most typical ones.In administrative law enforcement activities, it often appears in the form of special governance and centralized rectification——

On March 29, 2000, after the video hall fire in Jiaozuo, Henan Province, 742 video halls, dance halls, and game halls in the city were closed; in January 2002, a huge explosion of fireworks and firecrackers in Jiangxi Province required the province to withdraw from the fireworks industry; 2004 In 2010, after the incident of poisoning infants and young children by inferior milk powder in Fuyang City, Anhui Province was disclosed, it aroused great shock and indignation from all walks of life. Into the "blacklist", the milk powder market was "Hai Yan He Qing" for a while...

A professor at Peking University, who did not want to be named, analyzed that: "Mobile law enforcement basically has two characteristics. First, the relevant departments mobilize their own resources to the greatest extent in a short period of time to clean up and rectify some persistent management problems. Second, law enforcement and Developed in a stormy manner, a certain effect can be obtained for a period of time. But after a gust of wind, it often returns to its original state." Relevant experts believe that in my country's current period of social transformation, the reasons for the movement-style law enforcement are quite complicated.

"Movement-style law enforcement has a profound historical origin in our country." Relevant experts believe that, "In the past, almost all social problems in our country were used to solving sports. For this reason, the society has formed a strong sports complex, so that administrative agencies To this day, there is still great enthusiasm for campaign-style law enforcement, making it a 'hands-on trump card' to quickly restore social order." "Of course, the existence of a large number of illegal activities at present also provides a reason for the existence of sports-style law enforcement. Especially in our country, which is in a period of transition, this immature social state often brings people huge material wealth. cause some new social problems.” Yang Zhonghong, associate professor of the School of Humanities and Social Sciences, Beijing Institute of Petrochemical Technology, said, “Because some illegal activities seriously interfere with the normal operation of the social and economic order, and the government proceeds from its functions, it must be severely cracked down and restore normalcy as soon as possible. socioeconomic order."

"In the initial stage of problem solving, campaign-style law enforcement is often more proficient and convenient than institutionalized methods." Yang Zhonghong analyzed, "The reason why some departments are keen on campaign-style law enforcement is that through campaign-style law enforcement, violations can be quickly curbed. behavior that undermines the order of the market economy and the psychological order of the masses.” "In addition to historical origins, the inaction or even 'counteraction' of certain functional departments in daily supervision is also the main reason why campaign-style law enforcement is difficult to stop." Incomplete, unreasonable organizational structure, poor information communication channels, improper allocation of human resources and other phenomena exist. When the problems accumulate to a certain extent, they have to rely on campaign-style law enforcement to solve them.

In the reporter's random survey, 55% of the respondents expressed their understanding of sports-style law enforcement.They believe that what the society needs more is a normal management procedure and supervision system. When these institutional law enforcement factors are missing, it is understandable for law enforcement agencies to resort to campaign-style law enforcement with quick results.However, with the gradual improvement of our country's legal system, this method of law enforcement should be gradually reduced. During the interviews, many people believed that campaign-style law enforcement could indeed, to a certain extent, have the effect of eliminating social malpractices, deterring crimes, and restoring social order in the short term.However, campaign-style law enforcement is at the cost of a lot of high costs, and its negative impact is immeasurable, which should arouse the attention of relevant departments. First of all, campaign-style law enforcement reduces the prestige of the government and law enforcement agencies, and weakens the deterrent power of national laws and regulations. "Usually, we don't care or neglect management, but once the problem becomes serious, the leader will give instructions and start law enforcement in a frenzied way." An urban management team member in Beijing told reporters, "It's easy for law enforcement officers to have a conditioned reflex. If the top is relaxed, the law enforcement will be relaxed. This not only breeds formalism, but also weakens the seriousness and consistency of law enforcement." Du Liyuan, a lawyer from Beijing Zhongsheng Law Firm, believes that the frequent use of campaign-style methods not only encourages the selective and random law enforcement behavior of law enforcement officers, but also easily makes the masses doubt the administrative ability and credibility of administrative law enforcement agencies.This formalistic form of law enforcement, which treats the symptoms but not the root cause, affects the government's credit and image. Second, campaign-style law enforcement violates the spirit of the rule of law. "Due to the temporary and repetitive nature of campaign-style law enforcement, the long-term benefits of combating illegal activities are not obvious." Professor Li Chengyan, a doctoral supervisor at the School of Government Administration of Peking University, believes that campaign-style law enforcement alienates law enforcement into a temporary policy, which is contrary to Long-standing legal principles undermine legal stability and certainty.Such temporary, mobile and repetitive characteristics are not in line with the spirit of the rule of law. Third, campaign-style law enforcement encourages the speculative psychology of lawbreakers.Before the campaign-style law enforcement, generally the relevant departments have to make a big noise, which makes the offenders destroy or hide evidence in advance, and temporarily stop illegal activities.At the same time, it also provides a psychological hint to offenders, that is, usual illegal behavior can be tolerated.This also objectively condones the illegal behavior during the non-sports period. Fourth, campaign-style law enforcement often overemphasizes efficiency while ignoring the fairness of law enforcement. "During the period of campaign-style law enforcement, law enforcement agencies were under tremendous pressure from superiors and society, and there was a mentality of preferring failure to indulgence. This can easily lead to the phenomenon of abuse of power." An urban management law enforcement officer in Beijing admitted, "For example, the previous paragraph At that time, Beijing's "Hurricane Action" to control "black cars" imposed a maximum fine of 500,000 yuan, which was not only infeasible, but also had no legal basis. While pursuing efficient law enforcement, the government should not compromise fairness For the price." Fifth, campaign-style law enforcement increases the cost of administrative law enforcement and reduces overall efficiency.Campaign-style law enforcement adopts the method of "treating the head if you have a headache, and treating the foot if the foot hurts". Some law enforcement actions lack comprehensive and scientific research in advance, and often blindly mobilize manpower, material resources, and financial resources according to accidental events, which will inevitably result in a huge waste of administrative resources. Wasteful, making law enforcement costly. "During the period of campaign-style law enforcement, all work revolves around specific law enforcement tasks, while other law enforcement tasks and daily management affairs are temporarily put aside, which will result in the proliferation of other illegal activities and the destruction of certain market order." Yang Yang, a citizen of Beijing The husband thinks, "If there are too many such actions, disturbance to the people will inevitably occur. And some lawbreakers are also taking advantage of the time gap between law enforcement agencies to enforce the law to seek more benefits, which leads to a tense game state in the whole society, which is not conducive to building a harmonious society." Several interviewed experts believed that: "Although it is unrealistic to put an end to campaign-style law enforcement at present, the government should establish a strict and scientific social management and supervision mechanism as soon as possible to make strict law enforcement a norm." "Since we have taken the rule of law as a strategy for governing the country, we should avoid campaign-style law enforcement. Steady and effective governance activities within the law are the key to achieving social security." Li Chengyan believes, "Administrative law enforcement departments should transform The concept of law enforcement, the responsibilities of law enforcement should run through daily work. To truly implement law-based administration, law enforcement activities must be included in the normal system and placed under public supervision. You can’t engage in campaign-style law enforcement on a whim. It is necessary to establish a long-term mechanism to guarantee it.” "In all kinds of management, the government should get rid of the campaign-style law enforcement thinking, and establish a law enforcement system that conforms to the laws of the market economy and legal management." Du Liyuan suggested, "First, improve the supervision and restriction mechanism, and increase the punishment of officials who are dereliction of duty and administrative inaction. The degree of accountability, establish an accountability system after the term of office expires, and avoid engaging in campaign-style law enforcement in order to seek political achievements. Second, establish a sound and scientific civil servant evaluation mechanism that combines rewards and punishments, promotion, and dismissal with the long-term performance of the field in charge. Improve the awareness, initiative, and enthusiasm of public officials in law enforcement." Therefore, it seems that only by intensifying the process of institutional reform, building a highly legalized market economy system, and implementing sound and effective "all-weather" daily governance within the law, is the "good recipe" for gradually reducing campaign-style law enforcement. !