Legal Analysis On Hu's Crime Of Scalping Train Tickets

Public security sector, an important administrative organ for law enforcement in China, plays a significant role in protecting and serving the community. Administrative penalty, by its nature, is a relatively severe sanction given by the public security sector, which directly affects the opposite party's rights and obligations. Its initial purpose is to maintain the public order and to protect civil rights more effectively. However, in judicial practice, there is always an inverse relation between the police power and the civil rights in certain circumstances. To some extent, the expansion of police power means the restriction of civil rights. Therefore, it should be considered from two aspects for the administrative penalty. On the one hand, the public security organization should be given full rights and be encouraged to use of police power reasonably and legitimately, so as to effectively take the responsibility of maintaining social order; On the other hand, it is also necessary to have strong restriction to the public security organ, and to place the police power under supervision of the law and the pubic, in order to minimize the harm to the civil rights and to ensure the realization of human rights.The thesis consists of three parts except the introduction and the conclusion:Partâ… :Introduction of the case. It mainly illustrates the cause, the face, the verdict and the focus of controversy.Partâ…¡:Case analysis and focus on the problem. First, it gives a systematic discussion of the powers of administrative jurisdiction and security punishment, the confirmation of illegal administrative acts, as well as the discretion of administrative penalty of the public security organ, and then puts forward the author's suggestions and proposals on this case. Second, from the judiciary perspective, it highlights several problems concerning the intervention of administrative litigation.Partâ…¢:Reflections from the case. Based on the above arguments, the thesis puts forward some suggestions on practical and reasonable construction of administrative jurisdiction, the proper use of discretion and the selection of the civil right value.