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近日,从网上看到一些关于消防执法现状的讨论,其中一条引起了我的注意,说当前消防执法有这么一种现象:个别地方的执法人员在执法过程中,只挑便于执行的、程序简单的来操作,一旦遇到程序复杂的,如单位拒不接受处罚或对处罚决定不服,要求听证、行政复议或诉讼的案件,则退缩不前,或干脆在被处罚单位到有关部门提出正式申请前,撤消处罚,息事宁人。他们这样做,无非出于两种心理,一种是担心自己的执法程序有问题,底气不足,怕在行政复议或诉讼过程中出漏子、败了诉;一种是出于社会公众的普遍心理,认为执法机关的决定向来是言出必行一边倒的,如今竞要与被处罚单位“对簿公堂”,平起平坐,
Recently, I have seen some discussions on the status quo of fire-fighting enforcement from the Internet. One of them caught my attention. At present, there is such a phenomenon in the enforcement of fire-fighting laws that law enforcement officers in individual places only pick-up and enforce the law enforcement procedures and the procedures are simple Of the operation, in the event of complex procedures, such as the unit refused to accept the punishment or refused to accept the punishment decision, request a hearing, administrative reconsideration or litigation cases, or retreat, or simply be punished units to the relevant departments to make a formal application Before the withdrawal of punishment, rest assured. They are doing nothing more than two kinds of mentality. One is that they worry that there is a problem with their law enforcement procedures, they are not strong enough to stand in the way of administrative reconsideration or litigation and lose the victories. One is out of the general public psychology , That the decision of the law enforcement agencies has always been a one-sided speech must be one-sided, and now compete with the punishment unit “on court,” on an equal footing,