Empirical Study On Public Security Management Punishment In Administrative Litigation

Public security management punishment is an important part of public security work and an important part of public security organs to maintain social security order.The legality of public security management punishment is not only related to the law enforcement authority of public security organs,but also closely related to the legitimate rights and interests of citizens.This paper conducts empirical research on public security management punishment,accurately locates the problems existing in the current public security management punishment work,and through data mining and analysis of public security management punishment decisions,the illegal factors are revoked,and the public security management punishment is more standardized.This paper is supported by the theory of procedural justice and the standardization of public security law enforcement.The scope of research is the public security management punishment in administrative litigation.Taking the first instance judgment of 5411 public security administrative litigation in 2016 as a research example,from the public security management punishment organs,the types of public security management punishment,The impact of different public security management violations and administrative reconsideration on the decision to revoke the punishment,four aspects of analysis and comparison,the study found that the proportion of China's public security management punishment decision was abolished in 8.7% in 2016.Judging from the punishment organ,the punishment decision made by the police station and the penalty decision for single penalty are easily revoked;the punishment decision made by the county-level public security organ and the single administrative detention penalty decision are revoked although the rate of cancellation is lower.The number is still relatively large;from the perspective of illegal behavior,the proportion of cases of public order disruption is low,the trend of circumventing public security,violation of personal,property rights and other behavior cases is almost the same,and the probability of being revoked is high.In cases of disturbing public order;public security organs ruling not to punish,the probability of revocation is relatively low;the role of administrative reconsideration is weakened.There are four main factors contributing to the above problems: the lack of effective supervision and control of the disciplinary power of public security police stations,the complicated legal procedures,the “dead corners” of the handling of laws and regulations,and the lack of administrative reconsideration functions.Through analysis of the problem,it is found that there are still some problems in the current practice of public security management punishment in China,which restrict the normative nature of public security management punishment.The author believes that the public security management penalties should be improved from the following three aspects to make it more standardized.First,through the soundness and integration of laws and regulations: timely revision of the "Public Security Management Punishment Law";unified and standardized discretionary standards;induction and integration of existing laws and regulations and classic cases.The second is to establish a multi-dimensional law enforcement supervision system: strengthen the supervision of law enforcement rights;strengthen the administrative reconsideration function;open the administrative litigation channel.The third is the establishment and improvement of the relevant mechanisms for public security management punishment: exploring the establishment of a research mechanism for the punishment decision meeting;exploring the establishment of a perfect reward and punishment mechanism;exploring the establishment of a notification mechanism for the decision to cancel the punishment;and improving the information disclosure mechanism.The fourth is to strengthen the law enforcement capacity building of public security organs: strengthen the law enforcement function of public security police stations;strengthen the public security management punishment of the rule of law;improve the mechanism for resolving conflicts and disputes;and strengthen the training of relevant legal systems.