城镇规划区违建执法困境及其解释——国家能力的视角
陈柏峰城镇规划区违建执法困境及其解释——国家能力的视角
Dilemma of Law Enforcement against Unauthorized Construction in Urban Planning Area and its Explanation
期刊名称：《法学研究》
期刊年份：
作者：陈柏峰
单位：中南财经政法大学法学院
中文关键词：违建执法;国家能力;社会治理;城镇化
英文关键词：law enforcement against unauthorized construction;state capabilities;social governance;urbanization
中文摘要：
既有理论框架难以全面解释违建执法的困境.实际上,违建执法的困境反映执法领域国家能力的不足.从执法的结构和过程看,国家能力不足表现在多个层面:执法机构的"孤岛现象"普遍,不同机构之间难以有效合作;一线执法人员的素养欠缺,且其工作难以被执法机构有效考核;执法人员在进入社区空间、处理执法事务时受阻严重.由于国家能力的不足,执法人员常常接受执法对象的讨价还价,违建执法表现出"日常惰性—专项治理"的循环结构,强力执法与违法不究处于共生状态.改善社会治理,需要在执法领域强化国家能力,需要从执法机构、执法人员及其与社会的互动等多方面着手.
英文摘要：
It is difficult for the existing theoretical framework to comprehensively explain the dilemma of law enforcement against unauthorized construction. From the perspective of the structure and process of law enforcement, the state capabilities theory has a stronger explanatory power. This dilemma points to the inadequacies of state capabilities, which is manifested in the following aspects of law enforcement. Firstly, effective cooperation is difficult to carry out, hence the "islanding phenomenon" is widespread, between different law enforcement agencies. Secondly, frontline officials often lack professionalism and their work performance can not be evaluated effectively by law enforcement agencies. Thirdly, law enforcement officials are often met with serious hindrance when they try to enter into communities to perform their law enforcement duties. Due to the inadequacies of state capabilities, it is easy for those subjected to administrative law enforcement to bargain with law enforcement officials and law enforcement against unauthorized construction is characterized by a cyclic structure of "sloth daily work-special campaigns", that is, at sometimes the law is enforced strictly while at some other times law breakers are not punished at all. This situation is both the result and the manifestation of inadequacies of state capabilities. In order to improve social governance, China needs to take multiple measures to strengthen the state capabilities in the field of law enforcement, which involves many aspects of law enforcement agencies, law enforcement officials and their interaction with society.
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