Comment On The Fundamental Spirit Of New Edition Of 《Law Of Public Order Management And Punishment》

Absorbing modern ideas of rule by law, joining together the situation of China, legislative purpose established in legislative is to maintain social public order and public security, to seek the equilibrium between police's power exercise and citizen right protection, and to create justice social order. 《Law of public order management and punishment》 establishes following principles: the principle of penalty corresponding with guilt, the principle of publicity and impartiality, the principle of respecting and guaranteeing human rights, the principle of insisting on educating combined with punishment, the principle of punishment stipulated by law. These principles embodies the fundamental value and main contradictions of public order management and punishment, impenetrate the whole process of management and punishment of public order, melt in each law norm through concrete law rules, and lay the foundation of law theory to normalize public power and to guarantee private rights.In the foundation of the above basic principles, the law establishes following systems: system of notification, system of hearing witnesses,...