The reason of fishing law enforcement.

Lured by the economic interests of law enforcement (such as rewarding drugs according to quantity, investigating illegal cars, prostitution, gambling, etc. ), our "fishing law enforcement" is likely to flood in administrative law enforcement, criminal investigation and other fields. The problem that happened before us is not the most serious. As far as investigating and dealing with illegal cars is concerned, in March 2008, the driver of an illegal car in Fengxian District, Shanghai was taken into the "law enforcement ambush zone" by the so-called "female investigator" and stabbed the female investigator in the car with a knife in front of law enforcement officers (Oriental Morning Post, March 9, 2008). In the past, there were incidents in Shanghai where black car drivers kidnapped so-called "barbs" to vent their anger.

Earlier, the media also revealed that in Gansu Province, in just one year, some policemen from three different public security organs cooperated with the same drug dealer to create three "drug trafficking cases", which led to two people being sentenced to death in the first instance and one person being sentenced to death in the first instance. Even in broad daylight, it was extremely vicious and creepy.

In August, 2065438+02, Xi 'an police were exposed to join hands with sex workers to "catch prostitutes by fishing". Mr. Xi 'an broke the news to the media, saying that he was "caught a prostitute by fishing" by the police and paid a fine of 3,000 yuan without any proof of punishment. According to the clues exposed, the reporter made an unannounced visit outside the hair salon for many days and found that there was no fixed time for the police to arrest, which was not a routine inspection; When arresting people, an unlicensed van always appears and takes the clients and the ladies away. Miss will return to the massage shop to continue business in 20 minutes; The client was fined.

The latest development of the incident: The case of "ambush to arrest fishing law enforcement" in Hujiamiao Police Station of Xincheng Branch of Xi Public Security Bureau has made the latest progress. Six people, including the former director and instructor of Hujiamiao police station, were prosecuted by the procuratorate and tried in court. Yesterday's trial started at 1 1 in the morning and lasted until after 5 pm. * * * There are six defendants sitting in the dock. They are Li, former director of Hujiamiao Police Station, Liu, former instructor of Hujiamiao Police Station, two official policemen involved in the case, and two social idlers involved in the case. It is reported that the procuratorate prosecuted Li, the former director of Hujiamiao police station, and Liu, the former instructor of Hujiamiao police station, for alleged corruption and abuse of power, and prosecuted the other four people involved in the case for abuse of power. It is understood that since 2009, Li, the former director of Hujiamiao Police Station, has negotiated with Liu, the former instructor of Hujiamiao Police Station, to give a commission reward to the fines imposed by the police. Police officers Bai and Liu have repeatedly arrested prostitutes in their jurisdictions and collected commissions after fines were imposed on the parties.

With extremely dirty interests, individual law enforcement departments and law enforcement personnel try their best to lure law-abiding citizens to "break the law" and use condoms as evidence of law-abiding citizens' crimes, which not only destroys the seriousness and fairness of the law and the society's belief in the rule of law, but also seriously corrupts the social atmosphere, tears the basic harmony and mutual trust among members of society, and makes social morality go from bad to worse. People's kindness, sympathy and friendship are forced to put on the heavy armor of self-protection, which makes those societies. At the same time, it is also possible for citizens to fall into danger and anxiety anytime and anywhere, and even life safety cannot be guaranteed!

Driven by the interests of law enforcement economy, "fishing law enforcement" is constantly expanding its "law enforcement power" to the society, and the commission mechanism allows relevant departments to openly recruit a large number of "hooks" in the society, that is, so-called "investigators" and even "social people with a sense of justice". They ruined the reputation of "justice" and "sense of justice", gave birth to a large number of parasites who did not engage in productive and creative work, and brought the credibility of law and public power to the brink of collapse.

It can partially restore the justice of being exiled by individual cases, but it can't shake the root of fishing law enforcement's abuse of power. To eradicate fishing law enforcement, we must first sentence him to death for "economic law enforcement" at the source, and strictly restrict public authorities from "hiring" various social personnel in various ways. On the one hand, the law stipulates that national civil servants are not allowed to enter unless they take the exam or have a preparation; On the other hand, any law enforcement agency is supported by taxpayers, and there is no reason to "commission according to performance" like a company.

Although "Administrative Punishment Law of the People's Republic of China" implemented by 1996 stipulates that "any administrative department has no right to deal with fines and fines without permission and must turn them over to the state treasury", local finance generally returns fines and fines to administrative law enforcement departments at a rate of 40% to 50%, and relevant departments return them to branches at a rate of 46% to 55%. This method is commonly known as ". This is tantamount to the government and its functional departments and individuals jointly setting a trap to exploit drivers. In the face of such a strong opponent, how can most drivers fight back except being punished?

It can be seen from this interest chain that the starting point and source of interest is the local government, which does not give the traffic law enforcement department funds or gives little funds, which is not enough to maintain the survival of the department, but hopes to generate income; The middle end is the law enforcement department, and the income generated by law enforcement units is linked to the performance appraisal of units and leaders. The more income is generated, the more commissions and government finances will be returned, and the more bonuses and benefits will be given to leaders and employees. At the end are law enforcement officers, and the unit decomposes the income-generating task into each law enforcement officer, which is linked to personal bonus, welfare, assessment, promotion and salary increase. In this way, between local governments, law enforcement departments and law enforcement personnel, a * * * body with public power and private interests is formed, and the goal of the * * body and its members is to maximize their respective interests, and they will all cash in. Law enforcement departments have a weak awareness of the rule of law, and their privileged thoughts are still very serious, and they do things at will. Driven by interests, the law is not taken seriously, which leads to repeated prohibitions of substituting punishment for law. We can call it the first way of "revealing" That is, the parties themselves have attempted to violate the law or commit crimes, which have been implemented but have not yet been revealed.

The second way we can call it "temptation". That is, the parties themselves do not have any illegal and criminal intentions, and law enforcement departments take action to induce the parties to have illegal and criminal intentions.

The third way we can call it "framing". That is, the parties themselves do not have any illegal and criminal intentions, and the law enforcement departments take plans to frame the parties so that the parties have illegal and criminal intentions. The "fishing law enforcement" in administrative law enforcement should be derived from the "trapping and arresting" in criminal investigation, that is, in order to arrest known criminal suspects while grasping certain evidence, the method of "seduction" is adopted to attract them and make them arrested. There are strict control requirements for "entrapment". Specifically, there are the following conditions: First, the object of entrapment is a criminal suspect; Second, we have mastered some evidence; Third, the facts at the time of entrapment cannot be used as evidence of a crime. However, the purpose of setting traps in criminal investigation is to catch suspects, and traps themselves cannot be evidence. The "fishing" in administrative law enforcement is to induce law-abiding citizens to "break the law" and take the trap as qualitative evidence. This method of obtaining evidence itself is obviously illegal.

From the perspective of motivation, there are two situations in which administrative law enforcement organs violate the law. One is to curb the flood trend of some illegal acts in a radical way; One is a rational choice for a certain benefit. The first one is understandable to a certain extent, but unfortunately, the illegal law enforcement behaviors exposed in various places basically belong to the second one-law enforcers clearly know that what they are doing is related to their own interests, and may make corresponding rational plans for it.