Public Security Administrative Reconsideration Of The Problem On The Analysis

Argumentations and analysis of the administrative review by the law enforcement organizations. The administrative review by the law enforcement organizations is one of the administrative reviews, a legal system under which the Public Security Bureau at a higher level or the designated administrative agency are required, under a broad range of the law,to conduct an investigation and issue final agency decisions on the legitimacy and appropriateness of the measures taken by the law enforcement office at a lower level, which are thought to infringe the legal rights of the individual, corporation or any other organization. It's mainly defined as an administrative action within the Public Security Organizations. The Administrative Agency of the Public Security, acting as the applicant, lodges an appeal for administrative review to the Public Security Bureau, acting as the recipient, to take a relevant administrative action. And it's deemed as a hierarchical administrative supervision of the Public Security Agency at a higher level over the agency at a lower level. The most common appeal of review and mode of jurisdiction is called the subordinate jurisdiction, which defines the superior Public Security Agency which takes the initiative administrative action as the review jurisdiction agencv.There exist many problems with the law enforcement administrativereview in practice, which reflects the weakness and deficiency of the administrative review system in our country. This thesis focuses on analyzing on the basis of factual occurrences the problems and deficiencies existing with the administrative reviews of the Public Security Bureau, probing the possible solutions to those problems and facilitating the perfection of the system. The thesis deals with the problems occurring at every stage of the procedures of the review, i.e. when disputes arise over the jurisdiction, the author argues that the solutions to the disputes over the jurisdiction of administrative suit can be applied. The administrative jurisdiction, however, must be made explicit by the legislation; as to the range of appeal, if an administrative review could be lodged when there are complaints or grievances over the assessments of the traffic or fire accidents made by the law enforcement agency, the author holds that this should be dealt with case by case; it's analyzed and explained with actual cases if an administrative review could be lodged over the investigations of the Public Security Agency. In addition, the thesis also deals in detail with the representatives, the guarantee of the third party's rights, the protection of witnesses, the criteria of handling and examining the standard documents and their appropriateness during the court hearing of the cases.