On The Administrative Procedures Of Punishment By Police

The administrative procedures of punishment by police is a procedure for police to carry out administrative punishment according to the duty and authority ensured by law. And it is considered as a group for the way, method, time limit and step to carry out administrative punishment. The administrative procedures of punishment by police is of important and independent value and significance to the standardization and restriction of the administrative punishment right of the police, and to the protection of people's legal rights. The administrative procedures of punishment by police is stipulated by the Administrative Penalty Law. The same as other administrative punishment procedures, it belongs to specific administrative punishment procedures controlled by basic administrative penalty procedures stipulated by the Administrative Penalty Law. Besides the difference in the subject, it also differentiates with other administrative punishment procedures due to the duty and rights of police ensured by law. The differences mainly fall into two aspects: first, there is a special punishment procedure of administrative detention; second, the application of the simple procedure is the most general one. The administrative punishment of police includes the punishment towards the behaviors which violate the administration of public order, traffic, ID cards and fire prevention. The procedures vary for different behaviors. The newly issued Penalty Law for Public Order makes a change for the scope of penalty. It is necessary to differentiate different law violating behaviors in the scope of the administrative punishment of police, so as to carry out punishment procedures according to relative laws. This thesis mainly analyzes the relationship between the administrative punishment of the police and the administrative penalty of public order, and draws a conclusion that the latter belongs to the former. Then a differentiation is made between the two from four aspects. In the following, the author presents that the administrative penalty procedure of public order should in line with the stipulations in Penalty Law for Public Order, and other administrative punishment procedures of police should in line with the stipulations in...