Research And Analysis On Illegal Omission Of Enforcement From The Public Security Agency

In our country, the public security agency is different from the state administrative agency in that the former possesses double rights both for maintaining the law and order and criminal investigation. Therefore, a policeman is different from any other civil servant for he shoulders more social administrative functions, enforces law more powerfully and has more room for compulsory implementation. Moreover, all of these are closely related to the life of a civilian. There exists such a problem that policemen especially enjoy too many administrative rights. During the process of maintain law and order, some public security agencies or policemen do not fully fulfill their duty and use their rights. The law-breaking phenomena of this kind seem to develop in existence. The research of theory on illegal omission of enforcement from the public security agencies has been left in a corner of research for a long time. The complicated reality contrasts strikingly with the weak growth of theoretical research. Because of the double needs both in theoretical research and pragmatic affairs. I start my work by researching and analyzing problems about the illegal omission from public security agencies, putting my stress on the link and differences differently. The premise of the illegal mission of enforcement is that when it is obligatory for the agency to implement the enforcement and it is able for the fulfillment, however it does not complete the implementation. With some practical examples, the essay has listed some common illegal omissions from public security agencies and analyzed the cause of it, such as the disturbing quality of some policemen, the reserved ideas in concepts, the weakness of the lawsystem, the nullification of restriction. It is suggested that we should further perfect the administrative system within public security agencies, improve the individual quality of every policeman, between the normal omission of obligation and illegal omission of enforcement for public security agencies, emphasizing that the two should be taken complete the reconsideration and prosecution system of the public security administration. We should also enlarge the range for the establishing cases of the omission for administcompensation system, ensure the compensation duty for the omission of enforcement from the public security agency, lay down sound lawful procedures of implementation for the public security agency, issue " Provisions for the Procedures of Handling the Administrative Cases" as soon as possible and make a overall framework of legal system to restrain the illegal omission of implementing enforcement from a public security agency.