Research On Polizeidelikt

Polizeidelikt is a legal sanctions mandatory way which is given by country in the transformation process of the traditional society to a modern rule of law social. Before the national administrative in the case of high degree of division of labor, to maintain social order and realize effective social management, police agencies was endowed the power by national legislation. As a legal system, the polizeidelikt has the following features:first, by specific subject exercising the power. From the history of the Police penalty system of Germany、Japan and China, we can see that the police exercise this power; second, the mandatory of the sanctions content. Although polizeidelikt has many manners, the basic form of punishment is deprivation of liberty to illegal detention; third, the decision process is easier. From the country’s polizeidelikt system, all the countries which the polizeidelikt had existed, police exercise discretion punishment directly without a judicial trial process at first. In China, the polizeidelikt is a product of a legal transplant, which has own characteristics after 100 years of evolution. The system plays an important role in the maintenance of public security and social order. But with the movement of the rule of law in China, the shortcomings of the existing penalty system has also become increasingly apparent. With the pursuit of the ideal of the rule of law and the spirit of basing on the reality of national conditions, the author wants to expand the theory of the police system.This paper is divided into six chapters, a total of 110,000 words, and main content of the following sections:The first chapter is a fine overview of development in polizeidelikt. At first, the author described the polizeidelikt theory of the development process and the penalty system origin in Germany、Japan、China and other countries. Subsequently, the author focuses on the emergence and development stages about "Regulations on Administrative Penalties for Public Security" and the characteristics of the various stages. Finally, the author analyzes the advancement about "Security Management Punishment Law" which is developed from "Regulations on Administrative Penalties for Public Security", including the name of the legal norms、strengthen the government’s responsibility、 increasing the types of penalties and setting behavior violating public order management.The second chapter is about legal status of the polizeidelikt. First, the author analyzes the objects of the polizeidelikt, including the object of sanctions, penalties and non-crime of the police issues and crime of the Criminal Law quantification problems. Secondly, the author discusses the Western understanding of the nature of polizeidelikt and legal status of the problem. Finally, the author analyzes the legal nature of public security penalties in China.The third chapter is about the compare about polizeidelikt across the Taiwan Strait. The author mainly does a comparative study between the Mainland mainly Public Security Administration Law and the Taiwan Social Order Maintenance Act. The author discusses and analyzes the entities and the procedures, the main physical aspect includes illegal、unlawful exclusion、punishment and application types and specific offenses; The procedure aspect includes prescription、investigation measures、the competent authorities and legal relief.The forth chapter is about the review of entity of the polizeidelikt in China. The author thinks that we should clarify several issues to distinguish between criminal acts and violations of the limits of public security administration at first, including some specific issues, such as how to define "serious not enough for criminal punishment"、the appropriate criminal charges against the co-ordination、crime or distinction. Secondly, the author analyzes the applies with several special issues of the "Security Management Punishment Law" associated with criminal law, including units of the object as a punishment issue、whether self-defense application complete the form is not the issue violations、administrative penalties and punishment competing issues、mediation and criminal law and order reconciliation and security cases and criminal cases and handling of cross-case issues.The fifth chapter is about the analyses of the program of polizeidelikt in China. First, the author analyzes the general theory of the program of polizeidelikt, including the role of public security penalties procedures、security management procedures of the types and characteristics of punishment、public security penalties and the difference between the administrative penalty procedures with other departments. Secondly, the author analyzes legislative evolution on Administrative Penalties for Public Security in China. Finally, the author focuses on the problems on Administrative Penalties for Public Security in China, including the obligations and rights of the defense is too broad, there hearing procedures inadequate police procedural law does not provide for the liability of quasi-judicial level is not high, for a stay of administrative detention procedures, and operational assistance of counsel is not strong lack of legal norms and agents.The sixth chapter is about the suggestions of the reform on polizeidelikt in China. The trend of development of polizeidelikt around the world is that mandatory physical punishment deprived from the police detachment and referred to the judiciary to exercise unified. Such as, the unification of legislation、penalties types of diversity、justice of the punishment decision and sanction leisurely. On the actual situation in our country, there are both substantive and procedural points of the perfect system for our police penalty recommendations. In physical terms, the author believes that we should have a clear penalty from the legal principle of the legal system、rationalizing the system、determining the composition of the offense and clearing the principle of self-defense and improving their ways of execution of detention. On the process, the author believes that the perfection should be from the establishment of a development model on national conditions、expanding the scope of the hearing procedures apply、clearing the legal consequences of violation of procedure、detailing the internal and external monitoring procedures and improving the level of quasi-judicial decisions.