Research On The Hearing System Of Public Security Administrative Penalty

The hearing system entails the core spirit of modern administrative procedure— standardizing the operation of executive power and safeguarding the legitimate rights and interests of administrative counterparts.The hearing system of public security administrative penalties refers to the system in which the public security organs listen to the statements or arguments of the relative party or any other interested parties in accordance with legal procedures,receive the evidence provided by them,and then make corresponding administrative decisions according to the law before imposing any administrative penalties.The hearing system can achieve the effect of further debates and affirmation to the relevant facts,evidence,applicable laws and regulations through face-to-face exchange of views and opinions between the public security organ and the civics who are in violation of the administrative order,thus ensuring that administrative body fully understands the thoughts and opinions of the administrative counterparts and the administrative counterparts fully exercises their right of statement and argument,which not only resolves the contradiction,but also reduces administrative reviews and administrative litigation,thus saving social resources.The hearing system in public security administrative penalty is set up to protect the legitimate rights and interests of the administrative counterparts,prevent the abuse of executive power,build good police-civilian relationship and improve the administrative efficiency of public security organ through decreasing the incidence of misjudged case and the resources that are wasted in the error-correcting procedure.However,in real practice,the hearing system of public security administrative penalties has failed to achieve the intended positive social effects.The "vacancy" of the hearing system of public security administrative penalties not only makes it impossible for the legitimate rights and interests of the administrative counterpart to be guaranteed,but also intensifies the contradiction between the public security organ and the punished party.This thesis takes the hearing system of public security administrative penalties as its object of research,basing itself on the public security practice,investigating the implementation status of public security administrative penalty hearing,analyzing the reasons why the hearing system of public security administrative penalties is stuck in predicament,and then proposing viable suggestions to perfect the hearing system based on these dilemmas.To be more specific,this thesis is divided into four parts.The first part is an overview of the basic problems existing in the hearing system of public security administrative penalties.Firstly,the concept and origin of modern hearing system are expounded,and then the concept,features and functions of public security administrative penalty hearing are further explored.The second part introduces the current situation of the hearing system of public security administrative penalties from the perspective of the legislative situation and the implementation status of the public security administrative penalty hearing system.The current situation of hearing system of public security administrative penalties is clearly presented through empirical analysis on how the public security organ of a prefecture-level city handles the hearing of administrative penalty cases.The third partpresents the predicament of the current public security administrative penalty hearing system in China.At present,the problems existing in the hearing system of public security administrative penalties in China are relatively complicated,including problems in the legislative level,in the practical level,in the public security police,and in the subjective level of the administrative counterparts.The fourth part is aiming at the problems existing in the current public security administrative penalty hearing system,combining with the advanced experience of foreign countries,putting forward some suggestions for improvement,expanding the scope of hearing through legislation,strengthening the system guarantee at the implementation level,strengthening the legal education of the whole society,and exploring the way to solve the plight of the public security administrative penalty hearing system in China.