Construction of the Interactive Relationship between Law Enforcement and Legislation Based on the Background of Big Data

Abstract

Under the background of the current era of ever-increasing speed of information technology iteration and increasing application of big data, it is necessary to conduct in-depth research on the interaction between administrative law enforcement and legislation and try to construct its system. From the perspective of big data, building an interactive system of law enforcement and legislation is also an important exploration. Starting from clarifying the existing relationship between law enforcement and legislation, this study analyzes the positive impact of big data on the construction of the interactive relationship between law enforcement and legislation. Finally, this study attempts to construct the interaction between administrative law enforcement and legislation under the background of big data by focusing on the construction and operation mechanism of the big data platform, the interaction mechanism between law enforcement and law enforcement in the big data platform, and the guarantee mechanism of the interaction between law enforcement and legislation under the big data platform to promote the establishment and improvement of a “complete legal norm system” and an “efficient rule of law enforcement system” to achieve precise governance.

This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

1. Introduction

Exponentially growing data are constantly circulated in the Internet; big data have gradually become a key strategic resource in the 21st century, and the application of big data technology has gradually emerged and developed in various fields [1, 2]. In the process of legislation, legislative big data are also constantly being generated, updated, and accumulated [3]. What does not match with it is the fragmentation of legislation and insufficient legislative information in the current local legislation process. This is not out of necessity. There is an objective lack of legislative data that conforms to the actual development of the region but is limited by the current backward local legislative technology compared to traditional ones, resulting in potential and massive legislative information not being collected and transformed into big data resources, which flow into the local legislative process [4–6]. In each field, the information availability is not strong, the data utilization rate is not high, and there are idle local legislative data resources. The value of legislative information is reflected in data openness and circulation and sharing. Collecting, storing, analyzing, and mining legislative data information is the core content of improving the quality of legislation and realizing the scientificization of legislative activities [7–9].

Under the current logic of the rule of law in China, legislation and law enforcement belong to the relationship between successive orders and execution in the rule of law procedure [10–12]. Just like the human brain directing hands and feet, it has been continuously developing and advancing the rule of law process in the past few decades, especially in the reform and opening up. At the beginning of the period of large-scale legislation, this logic of the rule of law maintained the normal operation of various social relations relatively stable [13]. With the continuous advancement of the rule of law process, the shortcomings of legal norms and social status quo are constantly being brought up by scholars, and the disconnect between law enforcement and legislation restricts the adjustment and development of social relations. However, scholars and the public habitually attribute this to the insufficient level of law enforcement officials and the expansion of executive power and fail to objectively and fairly examine legislation, law enforcement, and relationship between them. Obviously, the current relationship between law enforcement and legislation lacks dynamic and long-term information exchange channels and mechanisms so that it has brought many potential impacts and harm to the rule of law in our country. Unilateral issues of law enforcement or legislation do not conform to the facts and are not conducive to the future development of the rule of law. From the point of view of the connection between the two, it is absolutely impossible for legislation to work independently from the collection of information from all aspects. In particular, the collection, processing, and feedback of the information of the law enforcers by the legislators are related to the implementation of the law [14–16]. There is also an urgent need for legislators to evaluate and guide the daily application of laws, so as to improve the efficiency of law enforcement and win the authority of the law in society. Therefore, it is necessary to comprehensively examine the relationship between the current law enforcement and legislation from the perspective of the interaction between law enforcement and legislation, conduct a profound analysis of the operation status of the existing mechanism between legislation and law enforcement, and find out the problems existing in the status quo and the interaction between the two main reasons.

Interactivity is a necessary means and method for the development of many things, and the development of law is no exception [17]. If we observe the path from birth to development of law from the time axis, we can find that there is a certain mutual restriction and promotion relationship between legislation and law enforcement, and this interaction promotes the development and process of law to a certain extent. However, in the past legal research, it is rare to see the interaction problem within the law from the level of the system or mechanism, which does not match the importance of the interaction itself. “Interactivity” was originally a concept in the field of computer and multimedia, which refers to human-computer interaction, that is, the science of designing, evaluating, and implementing interactive computing systems for people to use and related phenomena. ① With the development of science and technology and the integration of disciplines, “interactivity” has developed into a relatively broad concept. There are related studies involved and visible in different disciplines such as management, education, and media. From the perspective of management, law, as a management decision, needs to interact with the managed object to be effective. As early as the 18th century, jurists realized that positive law is the command of the sovereign, and this command also requires the habitual obedience of the majority of the society [18, 19]. The history of legal evolution has proved that long-term “obedience of the majority” cannot be formed only by the oppression of imperial politics. If the law cannot have a relationship and influence with things or people, it is tantamount and is more difficult to talk about implementation and compliance with empty words, so the interaction between laws and things and behaviors is a natural attribute, which is specifically reflected as “only by creating corresponding interactive rules based on actual social needs and experience. The rigidity and the old-fashioned nature of the statute will keep its vitality forever.” ② As the basic system for maintaining the benign operation of society, law must interact with different roles for a long time. From the perspective of the specific objects of legal interaction, the interaction of law is manifested not only in the external relationship and interaction with various social behaviors and personnel but also the interaction within the logic of law enforcement; that is, while there is direct interaction between law enforcement and legislators, the two are also interacting with each other.

Law focuses not only on “standing” but also on “doing.” The so-called “doing” refers to “execution,” that is, law enforcement. Judging from the existing logic of the relationship between law enforcement and legislation in China, legislation is the premise of law enforcement and the basis for empowering administrative law enforcement agencies to carry out administrative law enforcement activities and powers. Without legislation, there is no such thing as law enforcement. Law enforcement is the realization of legal content and terms after legislation. Without law enforcement, legislation is meaningless, and the purpose of realizing legal benefits and regulating social behavior through law enforcement cannot be realized. Law enforcement and legislation complement each other. It can be said that “establishing” and “acting” are the two ends of the law and complement each other. Only the balance and progress of the two ends are the external manifestations of “good law.” However, the current legal procedures between law enforcement and legislation in China are not sufficient to form such a benign relationship that promotes each other. There are still information asymmetry and lag in behavior exchanges. At the same time, the two lack necessary and effective channels for interaction. This has led to the situation of “lack of legislation and difficulty in implementing” from time to time. Therefore, it is necessary to re-examine the traditional relationship between law enforcement and legislation from the perspective of interaction and find the nodes and problems of “establishment” and “action” that shackle “good law” from the existing relationship.

This study attempts to construct the interaction between administrative law enforcement and legislation under the background of big data by focusing on the construction and operation mechanism of the big data platform, the interaction mechanism between law enforcement and law enforcement in the big data platform, and the guarantee mechanism of the interaction between law enforcement and legislation under the big data platform to promote the establishment and improvement of a “complete legal norm system” and an “efficient rule of law enforcement system” to achieve precise governance.

2. Theory and Method

2.1. The Role of Big Data in Law Enforcement and Legislation and Their Relationship

In the context of the interactive relationship between law enforcement and legislation, the emergence of legal big data makes it possible to empirically study the interactive practice and relationship between law enforcement and legislation and provides a huge platform and legal significance for the two to build a new interactive relationship. This possibility is mainly due to the unique advantages of legal big data. First is the “full sample” of the data. Legal big data can usually grasp the comprehensive data of the legislative process and law enforcement process, with comprehensive content and behavior coverage. Based on the characteristics of full sample data, empirical research can significantly change the past errors brought about by the method of “seeing the leopard in the tube.” We grasp and analyze legislation, law enforcement and relationship between the two as a whole and then study and judge information that could not be found in previous one-sided samples, even the laws and characteristics.

The second is the speed of data generation to analysis. With the rapid iteration of big data technology, “the speed of data analysis is getting faster and faster, and real-time analysis results can often be seen when the data are just typed in,” which greatly shortens the time for lawmakers and law enforcement to implement the law. We use the judgment and prediction of the situation, to assist and guide the revision of legislative settings and distribution of law enforcement forces, so as to improve the social benefits of the law, thus effectively overcoming the time-consuming and delayed research and evaluation that required the implementation of the law for a long time in the past. Third, data collection and analysis techniques are objective and scientific. In the application of big data for legislation and law enforcement, as long as it is ensured that programmers do not have “intentional” bias and subjectivity when writing program code and supplemented with sufficient sample data for the first time to correct, then we use the computer to ensure that the data are collected comprehensively, objectively, truthfully, and scientifically, that is, in the future, only the analysis method and program structure of the data need to be adjusted to meet the needs of analysis and judgment of legal behavior, and at the same time, it will not be affected by the law. It is a question of “whether it is one-sided and subjective.” After matching the needs of legal big data from a technical point of view, legal big data will have a huge legal innovation significance for legislation, law enforcement, and interaction between the two.

2.2. Big Data Make It Possible for Legislation to Consider Law Enforcement Needs

The legal big data itself are conducive to the collection of information on which decisions are based on legislation in practice. In particular, the information fed back by the law enforcers constantly corrects some of the inherent shortcomings of the legislation itself and some deficiencies in the laws and regulations. Making legislative acts more in line with the needs of distribution of interests also makes law enforcement more adaptable to the objective reality of society.

2.3. Big Data Make It Possible for Law Enforcement to Follow the Will of Lawmakers

In an era of increasingly complex society, law enforcement is not easy compared to the past, and it is basically difficult to meet the needs of law enforcement by traditional means. However, the interactive relationship under big data can prompt legislative decision-making to give law enforcers more reasonable boundaries and can be used more reasonably to exercise their powers within the scope of the law so that law enforcement can perform their statutory duties impartially.

3. Results and Discussion

3.1. Construction and Operation Mechanism of Big Data Platform

3.1.1. Construction of Big Data Platform

If we want to use big data technology to build an interactive system of law enforcement and legislation, we must first build a big data operation platform to facilitate the aggregation, integration, analysis, and application of various data. “Due to the independent operation of various departments and the differences in internal systems, there is a lack of unified planning and standards in the process of database construction and operation. The information systems and data resources of each department and unit are supervised and operated by themselves. There are huge differences between them in terms of hardware platform, operating system, network protocol, database type, semantic representation, etc., which form “information islands” one by one so that they cannot communicate with each other and share resources. Therefore, the platform must be led by the state and deployed from top to bottom, breaking the current data division and silos of various departments (Figure 1).

[figure(s) omitted; refer to PDF]

3.1.2. The Operating Mechanism of the Big Data Platform

From the point of view of the requirements for establishing an interactive system, the big data platform not only needs to solve the storage, processing, and query functions of big data but also needs to solve the legal data resources that can be analyzed and integrated to form decision-making reference and big data information sharing.

Based on the consideration of these functions, the big data platform of the interactive system should have related functions. First are the import and comprehensive management functions of various data streams. That is, data from distributed and heterogeneous data sources, such as relational data and plane data, are extracted and entered the in data warehouse for analysis and integration. We load it into the data warehouse to form reports, management, monitoring, and early warning. The second is the information exchange function between legislators and enforcers. Legislators collect relevant law enforcement data samples from law enforcement officers through the big data platform and match them to the whole country for sample comparison to obtain the typicality and representativeness of the samples, so as to realize the consideration of national law enforcement samples. Law enforcers submit requests for the application of the law to the legislators through the platform, and the legislators decide to carry out special interpretations or publicize and implement typical law enforcement samples and finally achieve the uniformity of law enforcement effects or conclude that the law is necessary to amend. The third is the comparison and judgment function of all data samples. The specific data collected by the big data platform should be compared with the preset results, and the comparison results should be submitted to the legislators to determine the degree of legislative deviation (Figure 2).

[figure(s) omitted; refer to PDF]

3.2. Interaction Mechanism between Law Enforcement and Legislation in the Big Data Platform

The legislator must build a channel in the big data platform, and the transmission of the original intention of the legislation should also be regarded as the presupposition of the legislative goal. According to what legal events and social events are, the original intention of formulating and revising laws is formed, and what social behavior status is intended to be formed or corrected through legislative means. Furthermore, we focus on legal interpretation. With the help of interactivity, legislators can evaluate specific law enforcement behaviors and guide the use of clauses in the evaluation so that relevant cases can form a role similar to guiding cases in the big data platform, so as to convey the original intention of legislators and make the whole country. The law enforcement behaviors in the legal regions are gradually unified and stable. Legislators must use the big data platform to collide and judge specific laws and their provisions and timely find out whether specific laws and their provisions have deviates in the implementation process and the proportion and extent of the deviation (Figure 3).

[figure(s) omitted; refer to PDF]

As the main content of the big data platform, law enforcement data should first be paid attention to the authenticity, timeliness, and comprehensiveness of law enforcement data. Law enforcement officers should set up special departments and personnel to input and report data and check the quality of data. Law enforcement officers are worried about the legal liability after illegal or wrong law enforcement. Therefore, in the relevant regulations on data quality management, the data quality reported by law enforcement officers should be regulated and supplemented by corresponding disciplinary measures to ensure that data are not artificially concealed or misreported. Furthermore, an explanation request should be made in a timely manner. Law enforcement officers are faced with complex social reality, and various fields will interpret and apply laws and regulations differently based on different social conditions. Therefore, when law enforcers face different situations, they can put forward opinions on specific cases to legislators through the big data interaction platform and mechanism, thereby ensuring the fluidity and flexibility of law enforcement. Even if it is judged to be inconsistent with the existing model, its preparatory operation method must have merits and provide corresponding reference and opinions for future legislation. Continuing to take “Huang Zefu, He Boqiong, and He Yi V. Chengdu Jintang Administration for Industry and Commerce Administrative Punishment Case” of the second batch of guiding cases of the Supreme Court as an example, if an interactive system is established, law enforcement officers can report with the result of the intentional referee and provide large data for comparison and judgment, so as to help the law enforcers to correct the understanding and application mode of “equal” in a timely manner. Even if the law enforcers are not satisfied with the judgment, there are certain avenues for defense so that the legislators can take the reasons into account in the future law revision process.

3.3. Guarantee Mechanism for the Interaction between Law Enforcement and Legislation under the Big Data Platform

(1) According to Lin Nianxiu, deputy director of the National Development and Reform Commission, China will gradually build a one-stop open data portal for government data resources for the society. At present, the Office of the State Council is making every effort to promote the work related to “Internet +,” collecting a large amount of data on law enforcement supervision and government services, so as to supervise the law enforcement effectiveness of law enforcement. To advance the modernization of the national governance system and governance capacity, we must pay full attention to the important value of big data in national governance. Big data are another technological revolution with subversive historical significance after the long journey of mankind, relaying cloud computing and the Internet of Things. It has massive, multisource, and complex information attributes and high-end, cutting-edge technical characteristics, which can make people’s thinking, knowledge system, behavior mode, and management concept undergo all-round and fundamental changes. The field contains huge development potential and has a broad application space and innovative vision in the field of public management.” ① Therefore, the accurate supply of legal products must be realized through the application of big data technology, that is, legislative work needs to record law enforcement data, analyze, excavate, and refine, grasp as comprehensive information as possible, and accurately judge the adaptability of legal products through these forms.

(2) In order to play the role of big data platform data and promote the effective system of the interaction between law enforcement and legislation, it is necessary to establish a data management agency. The existing data management agencies have great reference value for the establishment of specialized data management agencies in the future. They are mainly responsible for the following intelligence. First, research, formulate, and organize the implementation of big data strategies, plans, and policy measures, and guide and promote big data. Second, organize the formulation of standards and norms for big data collection, management, opening, and application; third, promote the establishment, development and application of big data formation mechanisms in the whole society; fourth is to organize the formulation and implementation of e-government construction plans; the fifth is to organize and coordinate the sharing of government information resources; the sixth is to coordinate the construction and management of government information network systems and government data centers.

(3) In addition to formulating relevant laws and regulations to ensure data quality, attention should also be paid to data security arrangements and legislation. “Any technology is a double-edged sword, and big data are no exception.” Although big data can provide a new path and perspective for the rule of law in China and help the rule of law work to become more mature and perfect, data confidentiality is a work that must be carried out simultaneously. While being good at applying such big data to carry out the interaction mechanism between law enforcement and legislation, it is necessary to simultaneously carry out the “Regulations on Confidentiality of Big Data Information” or related legislation to ensure the confidentiality of legal big data, which also ensures the relevant data of law enforcement counterparties. The information is protected, and the effect of killing two birds with one stone is achieved.

(4) We need to promote cooperation between universities in scientific research, training, personnel training, etc. as soon as possible and gradually connect the formed training model with the interactive system between law enforcement and legislation and also for the future application of big data to law enforcement. In addition, we need to analyze and judge the status quo, the comparison of law enforcement and legislative presuppositions, the use and correction of law enforcement methods, etc., and analyze, judge, follow-up, and feedback on interactive behaviors such as legislative collection of law enforcement data and legal interpretation applications made by law enforcement. In addition, through the continuous application of big data talents in the interaction between law enforcement and legislation, it can also lay a talent foundation for analyzing law enforcement data and turning to legislative opinions in the process of building big data in China.

4. Conclusion

(1) On the basis of the research of the predecessors of the law, this study considers and analyzes the law enforcement, legislation, and their relationship based on the difficulties and bottlenecks encountered in the current implementation of the rule of law and puts forward its own opinions. Through the research on the interactive relationship between law enforcement and legislation, a big data platform based on the interactive relationship between law enforcement and legislation is established. And the authors put forward their own opinions from the operation mechanism and guarantee mechanism of the big data platform.

(2) Big data have brought many innovative meanings to the rule of law in China, and the empirical research direction of all data brought by it will definitely affect many existing legal principles and legal norms in the future. The big data platform and building an interactive system of law enforcement and legislation are also a useful attempt in the legal field. Although this attempt may be a little naive, it may also break through the existing rule of law model to a certain extent, and its essence actually follows the concept of the rule of law itself.

References

[1] D. A. Lashof, D. R. Ahuja, "Relative contributions of greenhouse gas emissions to global warming," Nature, vol. 344 no. 6266, pp. 529-531, DOI: 10.1038/344529a0, 2019.

[2] S. R. Cellini, N. Turner, D. R. Ahuja, "Gainfully e," Journal of Human Resources, vol. 54 no. 2, pp. 342-370, DOI: 10.3368/jhr.54.2.1016.8302r1, 2019.

[3] S. S. Zenin, D. L. Kuteynikov, I. M. Yapryntsev, "Big data in the legislative process," Actual Problems of Russian Law, vol. 15 no. 9, pp. 19-31, DOI: 10.17803/1994-1471.2020.118.9.019-031, 2020.

[4] Y. He, Y. Chen, Z. Yang, H. He, L. Liu, "A review on the influence of intelligent power consumption technologies on the utilization rate of distribution network equipment," Protection and Control of Modern Power Systems, vol. 3 no. 1,DOI: 10.1186/s41601-018-0092-2, 2018.

[5] A. R. Laptook, R. J. T. Corbett, R. Sterett, D. Garcia, G. Tollefsbol, "Quantitative relationship between brain temperature and energy utilization rate measured in vivo using 31P and 1H magnetic resonance spectroscopy," Pediatric Research, vol. 38 no. 6, pp. 919-925, DOI: 10.1203/00006450-199512000-00015, 1995.

[6] S. Handley, "Local legislative initiatives for economic and social developments in lancashire, 1689–1731," Parliamentary History, vol. 9 no. 1, 1990.

[7] R. F. Williams, "State constitutional limits on legislative procedure: legislative compliance and judicial enforcement," CrossRef Listing of Deleted DOIs, vol. 17 no. 1, pp. 91-114, DOI: 10.2307/3330028, 1987.

[8] D. U. Ong, A. G. Gabriel, "Linking transparency and accountability to local legislative performance in the province of Nueva Ecija in the Philippines," Journal of Public Administration and Governance, vol. 8 no. 2, pp. 384-396, DOI: 10.5296/jpag.v8i2.13345, 2018.

[9] J. Bishop, "The art of trolling law enforcement: a review and model for implementing “flame trolling” legislation enacted in Great Britain (1981-2012)," International Review of Law, Computers & Technology, vol. 27 no. 3, pp. 301-318, DOI: 10.1080/13600869.2013.796706, 2013.

[10] D. M. Stewart, E. J. Fritsch, "School and law enforcement efforts to combat cyberbullying," Preventing School Failure: Alternative Education for Children and Youth, vol. 55 no. 2, pp. 79-87, DOI: 10.1080/1045988x.2011.539440, 2011.

[11] T.-C. Ma, "The effect of competition law enforcement on economic growth," Journal of Competition Law and Economics, vol. 7 no. 2, pp. 301-334, DOI: 10.1093/joclec/nhq032, 2011.

[12] G. Davies, H. Itoh, "Legislation and retail structure: the Japanese example," International Review of Retail Distribution & Consumer Research, vol. 11 no. 1, pp. 83-95, DOI: 10.1080/713770567, 2001.

[13] G. Salton, E. A. Fox, E. Voorhees, "Advanced feedback methods in information retrieval," Journal of the American Society for Information Science, vol. 36 no. 3, pp. 200-210, DOI: 10.1002/asi.4630360311, 1985.

[14] J. H. Lee, "Combining the evidence of different relevance feedback methods for information retrieval," Information Processing & Management, vol. 34 no. 6, pp. 681-691, DOI: 10.1016/s0306-4573(98)00034-x, 1998.

[15] A. Papathanassis, F. Knolle, "Exploring the adoption and processing of online holiday reviews: a grounded theory approach," Tourism Management, vol. 32 no. 2, pp. 215-224, DOI: 10.1016/j.tourman.2009.12.005, 2011.

[16] R. D. Cooter, "Decentralized law for a complex economy: the structural approach to adjudicating the new law merchant," University of Pennsylvania Law Review, vol. 144 no. 5, pp. 1643-1696, DOI: 10.2307/3312636, 1996.

[17] C. C. Chen, C. Law, S. C. Yang, "Managing ERP implementation failure: a project management perspective," IEEE Transactions on Engineering Management, vol. 56 no. 1, pp. 157-170, DOI: 10.1109/tem.2008.2009802, 2009.

[18] Y. Fang, Y. Zeng, "Balancing energy and environment: the effect and perspective of management instruments in China," Energy, vol. 32 no. 12, pp. 2247-2261, DOI: 10.1016/j.energy.2007.07.016, 2007.

[19] W. D. Moreto, R. K. Brunson, A. A. Braga, "Anything we do, we have to include the communities: law enforcement rangers’ attitudes towards and experiences of community-ranger relations in wildlife protected areas in Uganda," British Journal of Criminology, vol. 57 no. 4, pp. 924-944, DOI: 10.1093/bjc/azw032, 2017.