Administrative Penalties For Public Security Regulation Theory

The law on punishment in public order and security administration has been enforced for five years. As the police offense with Chinese characteristics, it has strong function of adjust and control. Externally, punishment in public order and security administration controls the society by punish the offence of disturbance of public order. Internally, it controls the law itself by the procedure of punishment. However, the two functions of the law on punishment in public order and security administration don't balance very well in the practice. And the disequilibrium hurts the government's public credibility badly and hurts the civil rights as well. The author compares the law on punishment in public order and security administration with the law on social order maintenance in Taiwan, and uses the practical experience of dealing with difficult cases to explain the problem from the two angles of active constraint and passive control. By building the new system of punishment in public order and security administration, we can standard the determination and punishment of the conduct in violation of security administration. Meantime, we should add the judicial control mode to control the punishment in public order and security administration again.This essay contains four parts. The first chapter summarizes the meaning of punishment in public order and security administration. The author firstly analyses the containment of public order and security administration from the police practice. Then compares the legislation and history of police offense both here and abroad and explains the legal orientation. The author also discusses the law both contains procedure and entity and its close relationship with criminal law and administrative penalties law.The topic of chapter two is theoretical analysis. With the contrast of punishment in public order and security administration and social control theory, the author points out that they are coherent in nature. Then, the author analyzes the law's self-control from the angle of control function on administrative procedure and discusses the problem of the main procedure in the law.The third part uses the cases to discuss the practice of the law. It elaborates the system of determination and punishment of the conduct in violation of security administration from the angles of objective illegality, subject intent and applicability. This part also indicate the root causes of the decontrol of the law externally by analyzing the law itself and use the theory of constitutionalism.The last part discusses the judicial control of punishment of the conduct in violation of security administration. The author points out the lacking of legislative control and it can't change the fact that the Chinese policemen are both investigators and arbiters. With the analysis of the law in Taiwan, the author discusses how to build the Chinese judicial control system.