Research On The Management Of Procedures For Handling Public Order Cases

Due to historical tradition,legal consciousness and other reasons,Chinese legal profession has always been "heavy entity,light procedure",which is the same way used by public security organizations to handle public order cases.Through the research on the management of procedures for handling public order cases,this paper aims to improve the situation that the procedures of the public security organizations for handling public order cases occur to be illegal frequently and easily.We would like to continuously enhance the procedural consciousness of law enforcement subjects by strengthening the management of procedures.Then the procedural justice will be realized,the legitimate rights of the relative persons will be protected,and the construction of a society and a country ruled by laws will be promoted.The first chapter mainly defines the management of procedures for handling public order cases.The analysis of connections and differences between procedures of public order cases and the management of procedures for handling public order cases and the clarification of main research objects are realized through the respective definitions of these two concepts.The second chapter mainly expounds the problems existing in the management of procedures for handling public order cases as follow.First,the subjects of procedural management are chaotic.This is mainly in two aspects: there are too many subjects and all these subjects are dispersive;the rights of these subjects become ambivalent and conflicting.Second,the substantive examination of the procedure is lack.The current examination ways just stay in the content of files and have never been implemented to examine the real procedure.Third,the attentions to procedures paid by supervision departments are not enough.This is mainly in two aspects: the attentions of the management of procedures are not enough within public security organizations;relief departments do not pay enough attentions to the illegal procedures.The third chapter mainly summarizes the causes of the problems existing in the management of procedures.First,the consciousness of procedures is weak.Second,the legislation of the management of procedures is not perfect.There are no statute laws about administrative procedures.What’s more,although there are provisions,loopholes can also be found.Third,the closure of the process of case-handling is strong.The "absolute right" is authorized to public security organizations.It’s hard to carry out the supervision at present because of the strong concealment in the process of case-handling.Fourth,the supervision of procedural management is not in place.The judicial review of the procedures is also not in place except the lack of daily managements and poor communications among the management subjects.The fourth chapter mainly expounds the theoretical basis for implementing the management of procedures for handling public order cases.It mainly analyzes the theories of due process,efficiency management and performance management.Through the analysis of the connotations of these three theories,they are linked with practice,applied to practice,and serviced in practice.The fifth chapter proposes several suggestions for improving the management of procedures from the actual situation.First,the relevant legislation should be improved in future.Second,education and training should be strengthened and the concept of law enforcement should be changed.Third,the responsibilities of the subjects should be ensured and workflow should be refined.Fourth,the management of procedures should be put into the performance appraisal standards.