Administrative Penalties For Public Security Problems And Countermeasures

Manage punishment in public security, one kind of administrative behavior in public security, is the administrative penalty that not enough to use the Criminal punishment, in accordance with the law to violate public security manage punish deprive freedom of person, property or other administrative penalty of right their in accordance with the law enough still public security organ.Should follow the following principles to punish in public security management: Legal principle of the subject, Punish by legal principle, disclose and just principle, the principle that combine Educate and punish together, ensure party's right principle, the principles of supervising.Detain three kinds manage punishment in public security: warning, fine and detention.While using the manage punishment, Should pay attention to combine educating and punishing together, must consider the function and result of education, can't punish in order to punish simply, Should according to < the regulations of manage punishment in public security >, select the fixed one " Should on punish ", " remit ", " will not punish ", etc. Stipulate and different terms use and punish. Should according to < the regulations of manage punishment in public security >, fixed punishment kind, grade and range punish, Should according to < the regulations of manage punishment in public security >, fixed situation severely use and punish on the lenient side.At present, in the course of managing and punishing, by the reason of legal system, a great deal of factors of subject, inside mechanism, external environment condition, manage punishment can't suit perfecting the situation of socialist market economy, the structuring, the harmonious society with our country. The question of the following several respect has appeared in administrative practices of public security behavior:First, it is not clear to manage the value orientation punished, motive of enforcing the law is fuzzy, the urgent work trends towards the favourable phenomenon generally; Second, the range of containing punished in public security management loses contact with reality, smudgy, the basis to punish is ambiguously in public security management; Third, violate the proper principle of administrative penalty, Punish lopsidedly and heavily and lopsidedly and lightly; Fourth, manage and punish and punish doing one's best to the unit in public security; Not tight when fifth , manage the procedure ofpunishing in public securitying, the operating is not strong.For this reason, I borrow of our country legislature review, new chance of making" public security manage law of punishing " now, manage the law science theory punished according to relevant public security, manage the value punished to make a reservation to start with from the public security, combine realistic national conditions and public security organ of our country carry out experience and lessons on " public security manage the regulations of punishing " for a long time, the theory punished is defined , the system framework puts forward and punishes some imaginations operated about public security management to manage on the public security.By the point of value in manage punishment, it should insist right the highest concept of the rule of law to take to propose, it should balance equity justice and efficiency to want to punish, public security management should be stress law on the administrative basis to take to punish;On the aspect which is designed in the public security, propose transforming ideas of enforcing the law of public security men, manage every legal principle punished clearly, define public security manage power to make decision that punish , norm person who cut out right and public security manage the procedure of punishing freely, implement the social supervision and supervision by public opinion;In the operation that is punished in public security, from the placing on file of public security case especially, public security case ask material for the first time, public security case analysis , public security manage award that punish, public security execution and so on, some views and suggestions to manage propose. By the limitation of theoretical level and practical experience, more problematical in the article, hope to make a comment.