论运动式执法的成因及其出路法学理论专业论文.docxVIP

1 1 2 2 Abstract Although the critics about the legal enforcement in a way of social crusade from the academic circle lingering in our ears for a long time , but such an administrative management has still been thrived. Some researchers based on the social reality of the so-called ‘phase of social transforming’ in order to find just reasons for Chinese public management, and deems the Campaign-style law enforcement as a temporary method for today’s social management. In this thesis, we acknowledge the specified character of China’s social phase of ‘transforming’, but it cannot be a just reason for the existence of Campaign-style law enforcement, and it is such an opinion which deprives the opportunity to correct or dismiss the Campaign-style law enforcement. Just as P·Nonette pointed, ’seeing the pressure from society as the origin of cognition and a chance of self-correcting. Thus the thesis will analysis the origin of Campaign-style law enforcement from the tradition and reality, and will manage to discuss the future of such legal enforcement. There are four parts within the thesis. The first part will depict the phenomenon of the Campaign-style law enforcement to introduce the conception of Campaign-style law enforcement, and through the analysis of current definition of such enforcement in contemporary academic circle to define the Campaign-style law enforcement. The second part is the analysis of the disadvantage of the Campaign-style law enforcement. Such kind of enforcement is totally depend on the government’s public power, and it’s defects have been exposed while it makes some positive effects by the rude, sever, effective manners in deal with a critical public event. First an most, it’s centralized and large-scaled manner of management leads the soaring of the cost of enforcement , wastes the administrative resources. Second, it deviates from the spirit of the Rule of Law. It breaks the ultimate principles of the Administrative law while it undermines the