Protection Of Personal Freedom In Administrative Detention

In the judicial practice, the right of administrative subject in administrative detention abuse led to citizens’ personal freedom is deprived of cases with different level events is not a few, and derive a series of problems by these cases. The widespread use of administrative detention rights not only make the administrative relative person’s personal freedom suffered severe damage, further damage to the life and health, reputation, and other civil rights.Administrative detention system is an applied widely, short limitation of personal freedom of administrative penalty. Although administrative detention on the citizens to restrict the personal freedom period is short, but in view of the existing in administrative detention, such as is not applicable to the hearing, the lack of effective restriction, such as relief way imperfect shortcomings, combined with the citizens’ personal freedom is the basic content of the personal rights given by the constitution, but also the core content of human rights, is the basis and premise of all other rights exist and exercise, so the limitation on the administrative detention and control is particularly important. According to the regulation of administrative detention time can be roughly divided into advance control, matter control and afterwards control such three stages. Beforehand control is mainly refers to from the legislative level, including in the constitution, the law on administrative punishments as well as the law on public security administration punishments and so on related legal norms in the deprivation of personal freedom rules and restrictions, but in view of legal norms and systemic stability, a change in the law as the main way of beforehand control cost and achieve in a short time is unlikely. Matter controls is refers to the process control, through the strict legal procedure restriction of personal freedom deprivation, beforehand control accord with the requirement of application of the rule of law and the spirit, make the other party in the process of administrative detention decision statements can exercise participation, the right to defend oneself, is not satisfied with the penalty decision may also exercise the right of relief, so for the administrative decision to detain more acceptable, guarantee the implementation of administrative detention decision. Afterwards, is when the personal freedom to encounter after relief way, even if the methods how to perfect and smooth, citizen’s personal rights have also is in a state of infringement, and personal freedom is once a violation is difficult to make up for the properties of the so afterwards, also has certain defects. Comprehensive analysis on the protection of the other party and time sooner or later, the control effect factors, such as what the program control is currently limited administrative detention abuse is relatively comprehensive and feasible way, so this paper will also ink more on hearing procedure control on this. According to the regulation of administrative detention way can be divided into external supervision and internal supervision. External supervision refers to factors outside the administrative detention system specification, this article mainly from the legislative level of administrative detention approval authority and administrative detention reprieve to perfect the two aspects are discussed. Internal supervision is to improve and standardize the system of administrative detention itself, this article mainly discusses the system and hearing procedure two face, hearing procedure is also discussed.