Research On Conlfict And Applicable Rules Of Public Security Administraitve Law

At present, China has formed different from any other country with Chinesecharacteristics to adapt to the current social development structure more completeunified legal system. But we can not deny that, due to subjective reasons of China’slegislative system, legislative technology and other objective reasons and lawenforcement personnel, our country legal standard conflict phenomenon moreserious. The objective reason is the legal norm itself has multiple attributes, such asis the upper law and common law, or is the special law is the old method, becausethe current "legislation law" the relevant conflict applicable rules of expression oflanguage fuzziness, uncertainty, the personnel handling the case of law enforcementpractice to not know what course to take. This caused the public securityadministrative enforcement of law standard is not unified, the same kind of illegalbehavior may have different punishment results, and some heavy, some of the light,objectively affect the seriousness and the unification of law. As in the special law fora lower level law, general law for the upper law, how to apply the law, in accordancewith the "order" to apply, or in accordance with the "special law" to apply? From thelegislative source, this kind of situation and some can be avoided, some inevitable.The subjective reason is the different connotation of legal rules in order tounderstand and apply. Theoretically speaking, the "upper method is better than alower level law rule" and "special law is superior to general law" rule is not becauseof conflict, conflict should first solve the pecking order in accordance with the order,the same (making the same organs of law) apply "special law" or other rules of case.But because the "legislation law" to "rule" special law "applicable conditions of thesame organ" unclear, leading to understanding and application of the bifurcation.When the conflict occurs between the National People’s Congress and the StandingCommittee of National People’s Congress enacted the law, is applicable "uppermethod is better than a lower level law rule" or "special law is superior to generallaw" rule? This practice is not unified, but also poses a great challenge to the"applicable conditions of special law". Because of the current China’s laws and regulations conflict phenomenon is stillrelatively prominent, especially in the daily administrative law enforcement in thefield, especially relates to conflict of people’s life in all aspects of the field of publicsecurity administrative enforcement of law, how to apply the law, more is a longplagued the common problems for law enforcement police speaking. There are madeby law enforcement and abiding by the law order in the chaos of this problem, willmake the law lose dignity, but also for the local protection of administrativeenforcement of law doctrine is convenient, become the umbrella of local interests,corruption. The author is engaged in legal work of public security police, attemptsfrom the angle of public security administrative punishment of public securityadministrative law of conflicts in China and how to apply the law norms in conflictsituations, and guide the public security police front-line law enforcement the correctapplication of the law norms of good wishes to achieve. To control and reduce theconflict of administrative legal norms, maintaining the unity and dignity of publicsecurity legal system, promoting the administration according to law, strengthen theconstruction of harmonious rule of law, which has a far-reaching theoretical valueand practical value.