On The Protection Of Civil Law In Public Security Administrative Enforcement

Alen Ause, an American legal expert, evaluated that wherever civil law is, it is always recognized as the core of the whole law system. The civil law is the direct system stipulation ordinary individual right and responsibility family rule regulations outside the constitution.It reveals the justice, maintains the human rights,and is called the modern state "the second constitution". How has the civil law developed degree, manifested a national politics, the economical development condition and the social life democratization degree in the certain degree.In the course of administrative enforcement of public security organization, public law, such as, constitution and public security administration regulation, is used as direct criterion. And in the course, although civil law is not used directly, it plays an indirect, profoundly complementary and consummating role. under the tendency of the public law and the private law in harmony,the civil law has more and more many steps in the standard domain which the public law is not yet standarded, and indicates the direction for the correct law enforcement. Specially ,the civil law idea has influence to the administrative enforcement of public security organization,and guides the public security law reformation directly.This article uses many methods to the civil protection question in the the administrative enforcement of public security organization,such as conceptual analysis,comparison inspection and historical inspection conducts .In the view of civil law, the protection for the dministrative enforcement of public security organization should be showed as the following two aspects: firstly, it should reflect that the infiltration of civil law into the administrative enforcement of public security organization is the protection and consummation for the theory of the administrative enforcement of public security organization; secondly, it should reflect the protection for concrete civil rights and interests in the course of the administrative enforcement of public security organization. Through two levels, the final goal is to the restraint and the rules and regullations male authority implementation, and protects the private right smoothly exercises, thus achieves the government by law society to the right standard and the freedom of contract ideal and the expectation.This article analyzes the relation of Administrative enforcement of public security organization and the civil law, researchs public security administration law enforcement involves the civil rights and interests present situation, and proposes the conception of the civil law protectionconception in the Administrative enforcement of public security organization. Besides the foreword and the conclusion, the full text divides three parts.The first part is the connection between the administrative enforcement of public security organization and civil law. Firstly, the part explains the meaning and nature of the administrative enforcement of public security organization. The article points out the essence of administrative enforcement of public security organization is contractual relationship between the public security organ and citizens. Secondly, it shows the necessity of the division between public and private law and the tendency of the mergence of the two laws. Approximately the author divides the function of civil protection to administrative enforcement of public security organization into two: direct suitable and indirect supplement.Lastly, it mentions the theory of civil law, that is, the inviolability of private right, personalit equality, the antonomy of private right, good faith and obligation. At the same time, the author brings to light the relationship between the administrative enforcement of public security organization and civil law, and have a research on the example of the infiltration of civil law into the administrative enforcement of public security organization. From two aspects which are the right standard,and the authority system weighs with the law enforcement discusses. It is about the value of civil protection in the course of the administrative enforcement of public security organization.The second part is the administrative enforcement of public security organization and civil protection. Firstly, it is the analysis of civil rights and interests in the course of the administrative enforcement of public security organization. The problem of civil protection, existing in the course, is mainly the infringement of civil rights and interests in the course of the administrative enforcement. This article divides the civil rights and interests in administrative enforcement of public security organization into two kinds,such as the person rights and interests, the property rights and interests, and separately elaborates the development condition and the existence question. Secondly, the author tries to find out the deep reason that blocks the civil protection in the course of the enforcement.The third part is the outlook of civil protection in the course of the administrative enforcement of public security organization. In the legislation link, It is urgent that enlarges to the private power protection,specially to provide reliefs the system the consummation. This article proposes the reform present country compensation system ,and carries out two actions which the civil rights and interests to compensate the systemand to enhance the private strength relief status.Firstly, because administrative compensation, criminal compensation and civil compensation are same substantially, unified and standard compensation system should be set up, by which it is not necessary to distinguish the three infringements according to their own natures. Secondly, it is the infiltration of the theory of civil law into public law. The first chapter is the compensation system of civil rights and interests. The auther contends: on one hand, indemnification system should be changed into compensation system, The so-called country compensates, is refers to the state agency and its the staff in exercises in the authority process, because the legal act for the citizen, the legal person or other organization has caused the special losses, the country to the system which its compensates.Thirdly, mental compensation and indirect loss should be included. The second chapter concerns private remedy. The auther analyzes the division of private remedy, probes into the varieties of private remedy in the course of the administrative enforcement of public security organization by expounding the rate, psychology, historical basis and examples. On the basis of those, the author proposes her opinion about the mutual actions between public and private remedies.Secondly, it concerns the balance between public powers and private rights. On one hand, public powers should be defined clearly, the only solution to the conflict between public powers and private rights is to separate the powers and rights clearly. Liang huixing ,The civil law scientist ,pointed out that, between the civil rights and the private power demarcation line, is not depends onthe administrative law to determine, but is depends on the civil law to determine. "The private power" is at, "the civil rights" stop! On the other hand, judicial power should be coordinated with enforcement power.In our country, the right of prosecution lacks the restriction and the surveillance which exercises lacks should have, this point displays prominently in the judicial system establishment aspect.The author proposes that some of the adminiatrative enforcement power of public security organization should be taken back to court. And the cases should be judged by hearing. The scope of accepting cases should be stipulated.Lastly, it is the construction of the situationof civil law. Carry on the elaboration from the good faith of policemen and civil law consciousness and the quality two aspects. Firstly, the good faith of policemen, including honesty and faith. The so-called good faith of policemen is refers to the citizen to be engaged in the police to Policeman to work, to carry on the confidence level, the fine reputation which the police moves producesand well-knownness. Secondly, the cultivation of the awareness and level of civil law. This article divides into two sides : civil law consciousness and quality of policeman and citizen's civil law consciousness and quality. Citizen's civil law consciousness and quality maintains the policeman own rights and interests,and it is the key which carries on administrative enforcement of public security organization smoothly.