Research On The Relief Procedure Of Administrative Detention In China

Administrative detention applies to serious violation of public security administration,but it doesn’t constitute a crime.But disciplinary situation such as warnings,fines and other penalties which are not enough to punish is the most severe administrative punishment that limits personal freedom,which has a significant deterrent impact on administrative counterpart.Just because administrative detention is the most severe administrative punishment to restrict a person’s freedom,thus,when the administrative counterpart disagrees with verdict procedures and results of the sentencing authority,he or she should have the right to choose timely and sufficient relief in order to safeguard his or her own rights.But at present,the system of administrative detention is not perfect.Besides,the relief procedure of corresponding field is relatively scarce.What’s more,the system directly or indirectly gives rise to controversies in the penalty of administrative detention as well as the hardship for the administrative counterpart to acquire timely relief.Meanwhile,there are a large number of administrative counterparts who lack legal knowledge in real cases.This group of people don’t know how to safeguard their legal rights and interests subjectively,thus,when they are penalized illegally in their body,property as well as reputation,they cannot find ways of relief timely and effectively.Currently,there are no clear and detailed regulations on the relief procedure of administrative detention in China.Thus,it is unavoidable that when the administrative counterpart confronts with the abuse of administrative detention coercive measures,his or her personal freedom is illegally limited,and it is hard for the administrative counterpart to find ways to protect his or her legitimate rights and interests.What’s worse,the administrative counterpart’s spiritual losses are hard to make up even if he or she can receive state compensation afterwards.Therefore,it is especially significant to study the legal issues in the field of the relief procedure of administrative detention in China.It is necessary to establish and improve a relatively complete administrative detention relief procedure system.Based on the practical problems of the relief procedure of administrative detention in China,this study is dedicated to exploring the relief procedure in the field of administrative detention in China.Several research methods such as literature research,comparative research,historical research and case analysis are adopted in this paper.Besides,the study uses foreign experience for reference,analyzes relevant cases.Combining personal work,linking theory with practice,the study systematically analyzes the current issues in the relief procedure of administrative detention in China in multiple perspectives.Also,it offers proposals on the improvement of the relief procedure of administrative detention in China.To be specific,this study is mainly carried out through the following parts:Firstly,it clarifies the concept and characteristics of the administrative detention as well as the definition and the legal basis of the relief procedure of the administrative detention.Secondly,it analyzes the existing four problems in the relief procedure of administrative detention:the administrative detention determined only by public security organization,administrative detention not included in the scope of hearing,the imperfection in the suspension system of the administrative detention,the lawyer’s right to meet in administrative detention which is not clearly guaranteed by the law.Thirdly,it refers to relevant materials,uses some studying experience in British and American law systems as well as civil law system in the corresponding field for reference,and analyzes the enlightenment to the relief procedure of administrative detention in China.Finally,on the basis of case progression,the study puts forward improvement measures and multi-dimensional suggestions from three aspects:the improvement of the ex-ante regulations,the improvement of the in-process relief as well as the improvement of the ex-post relief in the field of the relief procedure of administrative detention in China.