Research On Citation Rules In Administrative Law

Citation rules are not uncommon in various norms and documents in China.They serve as a bridge that connect the provisions of the upper law.The norm-makers use the citation rules to apply the provisions of the upper-level law to their own provisions.This method makes the provisions concise and clear to a certain extent,and makes the text structure of the entire specification more smooth.In administrative law,the use of citation clauses is broader,and the normative bases formulated by administrative organs are extremely large.As a common legislative means,citation rules have broadly applied the basis and space in administrative law.Public security management is an important area in administrative management.The effective management of public security has great significance for maintaining social order and national stability.The normative documents in the field of public security management provide a normative basis for public security management law enforcement by invoking the penalties in the Public Security Administration Punishment Law through extensive use of citation rules.However,these citation rules lack uniform standards and requirements,and are highly random.As a result,these citations do not fully comply with the provisions of the upper-level law and face the risk of illegal setting.Specifically,there are three main aspects of the illegal setting:First,the various constituent elements in the citation clause are inconsistent with the provisions of the superior law,unauthorized additions or changes to existing regulations,and changes to the preconditions for the violation of the law.Second,the legal liability part of the citation clause is inconsistent with the upper-level law,and the illegal punishment of administrative punishment is realized by increasing or decreasing the content of the penalty,changing the mandatory provisions and repeating punishments.Third,ignoring the principle of legal reservation.Constraints,using analogy to refer to some relevant behaviors that are similar to the content of the upper-level legal system but are intrinsically different.The existence of these problems has deep-seated reasons.On the one hand,the reference in the citation rules refers to the lack of specific standards.The extension of the legal terminology in the citation clause is not clear and the interpretation of the content in the article is not the same,resulting in a slight difference in the expression of the subordinate specification.That is,it is easy to cause content that is completely different from the provisions of the upper law;on the other hand,some of the documents in which the citations are located involve the protection of multiple legal interests.When there are conflicts between several legal interests,the lower norm formulators intend to abandon the protection of other legal interests in order to achieve their own public security target,and then adopt a more absolute and strict punishment standard.However,whether it is the provisions of the article itself or the defects caused by man-made,it will inevitably be inconsistent with the provisions of the upper-level law.In the case of public security management penalties,if there is no basis for the upper-level law,and the lower-level regulations have no corresponding penalties to set the authority,it must be illegally set.Therefore,the setting of citation clauses must be strictly in accordance with the basis of the superior law,abide by the principle of the rule of law in the administrative law,the principle of absolute reservation and the principle of no further punishment,strictly follow the expression norms set by the provisions,and reduce the emergence of ambiguity and vague concepts.Regulate the setting behavior of citation rules,clarify the standards of discretionary powers inadministrative penalties,and ensure that the setting and application of citation rules are strictly carried out according to law.In addition,police executive power has played a significant role in public security management,and the citation provisions provide normative support for the expansion of police administrative power.However,it is necessary to weigh the relationship between the police administration to maintain social order and adhere to the administration of law,so that the two can coordinate with each other to ensure that the police executive power runs on the rule of law.