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Study On The Problems And Countermeasures Existing In The Public Security Frontier Defense Forces Enforcement

Posted on:2008-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:J L ZhangFull Text:PDF
GTID:2166360242973161Subject:Law
Abstract/Summary:PDF Full Text Request
The public security frontier defense forces are not only the national important force, but also the national law enforcement administration. Ministry of public security frontier defense and its staff took, the important constituent of national institution, are executors of national will, defenders of people's benefits, and fulfilling three political and society responsibility, which are consolidating communist party's ruling status, maintaining country long-term peace, guaranteeing people's life. Further standardizing carrying out administration enforcement of public security frontier defense will play the extremely important role in giving impetus to the administration by Law, establishing legalized, civilized, harmonious coastal region. Now, there are various problems in enforcement of frontier defense, which concern all links and fields of administrative enforcement. In order to solve problems existing in administrative enforcement, it must be advanced that legislation of frontier defense administration, the system of administrative enforcement, work mechanism of supervising and restricting, and quality of administrative enforcement staffs.First, administration enforcement outline of public security frontier defense.The public security frontier defense administration enforcement refers to frontier defense administration law activities that the public security frontier defense administrator and police organize and carry out according to power and legal procedures of the law, in order to realize the frontier defense administration. The Connotation includes: (1) frontier defense administration enforcement embodies the national will, and its power from nation; (2) frontier defense administration enforcement is one kind of legal power, obtained according to law and enforced in the legal scope; (3) main body of frontier defense administration enforcement is the frontier defense administrator and its frontier defense police; (4) frontier defense administration enforcement pays the role in the scope of frontier defense police administration, and enforced to the administrative relative person in the police service relationship.Characters of frontier defense administration enforcement include four aspects: first, widespread content; second, identity of power and responsibility; third, free prosecution; fourth, independence. The nature embodies people's fundamental interests and the will.Main function of frontier defense administration 1 enforcement is to maintain social order of the coast , safeguard the citizen, the legal person and other organization's legal rights and interests.The basic principles frontier defense administration enforcement are:(1) principle of legality; (2) principle of reasonable enforcement; (3) principle of efficiency enforcement; (4) principle of legally accepting the supervision.Second, problems and analysis of the current frontier defense administration enforcementMain problems of the current frontier defense administration enforcement are the followings: first, enforcement is not Standardized, which means enforcement staffs break the law, and don't enforce the law strictly; second, the procedure idea of enforcement staff is not perfect, which means lack of understanding of administrative enforcement procedure, lack of the procedure restraint, and some behaviors violate the legal procedure; Third, the enforcement troop are different levels, and the overall quality should be advanced; Fourth, the internal enforcement surveillance has weak links; Five is the frontier defense administration legislation lag, directly. Fifth, the stagnation of legislation of frontier defense administration directly puzzles the enforcement work.The main reasons of frontier defense administration enforcement are these followings: first, the factor of legislation system, which embodies in dispersely or confusionally legislating, and stagnation of legislation related laws and regulations, make the law appearing vacuum or punishment intensity not enough; second, the factor of main enforcement body, which means the idea of frontier defense police enforcement, legal quality and political culture quality still can't meet requirement of the modern society development and laws and regulations; Third, the factor of internal system, which means staffs have not break through from fixed thinking in enforcement, lack the innovation system, and manage system, internal supervision system, and police service safeguard system are backward; fourth, exterior factors, affecting the frontier defense administration enforcement, such as parties doing nothing, handling relationship improperly of sentiment and law, power and money relations process are improper, existing of exterior administrative intervention, not ideal of society supervision efficiency, and so on.Main countermeasures of problems in e frontier defense administration enforcement are the followings: first, establishing and strengthening administrative enforcement concepts of frontier defense enforcement staffs; second, strengthening a procedure concepts, and enforcing strictly; third, strengthening construction of enforcement troop to improve staff's political quality, the service quality, the legal quality, the culture and the moral quality; fourth, strengthening building of administrative enforcement supervision system, increasing duty charging of to illegal administrative activity; fifth, perfect the legislation of frontier defense administration to make frontier defense administration enforcement staffs have reliable laws to enforcing strictly, fairly, and civilizedly; Sixth, perfecting administrative enforcement material means moving mechanism, trying to eliminate economic conditions of illegal enforcement.
Keywords/Search Tags:Frontier defense administration enforcement, Existing problem, Reason, Countermeasure
PDF Full Text Request
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