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选择性执法指的是在执法过程中,执法机构及执法人员对于被管理的客体,区别对待,选择性地进行管理或者处罚,即在时间、空间、客体上有选择的执法,其是客观存在的,有利有弊。其产生原因主要有管理需求与执法资源不对称、法治意识淡薄、立法本身存在问题等。当前选择性执法遭遇的困境为容易产生权力寻租、产生“破窗现象”等。完善选择性执法之出路主要有减少自由裁量、运动执法、重典治乱等途径。
Selective enforcement means that in the process of law enforcement, law enforcement agencies and law-enforcement officials discriminate against the managed objects and selectively administer or punish them, that is, they have the objective law of choice in terms of time, space and objects, which are objective There are pros and cons. The causes are mainly due to the asymmetry of management needs and law enforcement resources, weak awareness of the rule of law and problems in the legislation itself. The current difficulties encountered by selective law enforcement are prone to power rent-seeking, resulting in “broken window ” and so on. The ways to improve selective law enforcement mainly include ways to reduce discretion, exercise law enforcement, and rule a serious disorder.