Research Of The File System Of The Police Administrative Punishment Cases

Affected by the traditional opinions and lack of legislation of administrative procedure and justice faith, the administrtive power is always abused, the rights of the litigant can't be ensured effectively. Especially the droits of knowing the facts, participation are often deprived in practice, the procedure of hearing of witnesses doesn't work well. This dissertation begain with the files of the police administrative punishment, by investigating the establishment and application of the file system of the adminitrative punishment cases, give some advice to improve the legislation, and make the justice of the procedure which can protect the people's rights in law come true.The text consists of four parts, the first part starts with the research of the files, analyses the contents of the files of the administrative punishment cases, bring forward two basic characters of such cases includes pertinency and timeliness ,at last dicusses and defines the file content of the police administrative punishment procedure. The second part is the main part of this article, by analysing the meanings of the file system, finds out the essential of the file system is the protection of the right of hearing of witnesses; by comparing the application of file system among different countries and law background, between formal and informal hearing of witness procedure, then draw a conclusion that the procedure of hearing of witness is a necessary procedure in all the administrative punishment cases, so the file system has extensive application as the essential protective measures of the right of hearing of witness. Besides, by examining the practice, demonstrates that only the attendees use the right of hearing witness, the files of the administrative cases can be established, this process is essentially the process of application of the file system. The last two parts of this article , illuminates the actuality of default of the file system of the police administrative punishment cases, and give out my opinion of how to radicate and consummate the file system of the police administrative punishment cases.We can confirm that in the process of pursuing lawful adminitration and just procedure, the file system is the the only way to the justice of the administrative procedure, this is the undermost request to the equitableness.