Research On Problems Lie In 《Law On Punishment In Public Order And Security Administration》 And Perfectness

Law on Punishment in Public Order and Security Administration much concerned with people's daily life. It has made a lot of consequential amendment on new things or new problems occurred in our social life after the promulgation of the law, and sets forth legislative thought concerning being people oriented and people's opinion. Compared with the old Regulations on Punishments in Public Order and Security Administration, the new law widen the range and field of punishment of the public security, enlarge the punishment, ruling the procedure of enforcing the law, paying more attention to respect human being' s right, also paying more attention to related laws and regulations. The new law is more moderate in legislative requirements, more strict in legislative procedures, more normative in punishments and more powerful in supervision. It has a positive function to public security management under new situation.The new law implements both the targets of enlarging the powers and of limiting the law enforcement acts for police officers. With reference to the legislative tenet of the newly promulgated Law on Punishment in Public Order and Security Administration, we can find that this new law not only wants to keep social stability but also intends to preserve the justice between social people and police officers.Law on Punishment in Public Order and Security Administration establishes following principles:the principle of penalty corresonding with guilt, the principle of publicity and inpartiality, the principle of respecting and guaranteeing human rights, the principle of insisting on education combined with punishment, the principle of punishment stipulated by law. These principals embodies the fundamental value and main contradictions of public order management and punishment, impenetrate the whole process of management and punishiment 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.The influence of Law on Punishment in Public Order and Security Administration to social life cannot be neglected. There are still some issues that need further consideration.The article illustrated the unadapted condition between Law on Punishment in Public Order and Security Administration and the reality of public security administration both theoretically and practically.It also put forward the oversights of the act from the aspects of adaptation, content and procedure of punishment. And gave some advice to amend and recruit it.to make it perfect enough to adapt the practical need in the public security cases.