On The Standard Of Proof In Public Security Administration Procedure

Public security administrative procedures means that the standard administrative procedures in the public security organs in the use of evidence to dispute the facts of the case or the facts be proved to be achieved by the extent of its legal, abstract, objectivity and subjectivity, such as the four characteristics of fuzzy, legal which is the most important characteristic that does not have a uniform standard, people are unable to correctly evaluate whether the facts have been established, nor to limit the discretion of the decision. That the standard administrative procedures and administrative litigation standards that the two share some common ground, has its own unique characteristics. Study proved that the standard administrative procedures, I believe that public security is the standard administrative procedures that must be research, because the public security organs of the executive acts of a citizen's personal, property rights affected by the other executive is not a comparison.Research on Public Order that the standard administrative procedures, first of all, to look at administrative procedures that it is "objective reality" or "legal true." Second, we should study determined that the administrative procedures of public security standards should take into account several factors, such as the type of administrative procedures, the difficulty of proof, such as the importance of administrative decisions. Then, an analysis of public security administrative procedures applicable standard of proof, as China's public security and administrative systems and the design of the West is not the same, therefore, the public security administrative procedures that should be standard with its own unique hierarchy, its contents can be set to exclude reasonable suspected standards, the predominant standard-Ran, a reasonable possibility standards. The article ends with the public security organs in practice, analysis of different levels, the application of different standards of proof that the object.