The Requisites Of The Administrative Omission Of Public Security

With the public security organs to assume the management of social affairs expanding,and the existence of deviation about the special nature of the public security administrative law enforcement,citizens' complaints about the police's acts of omission in administrative enforcement of law have increased year by year. In order to truly reverse the unfavorable situation, we should clearly recognize what is the administrative omission of public security. Above this foundation, it is valuably and significantly to strengthen the public security legislative work, to straighten out foreign responsibility, to reduce or eliminate the administrative omission. This article has discussed the administrative omission of the public security four constitution important document. The first part mainly discussed the subject requisites of the administrative omission of public security,which involves foreign subject of administrative omission, defined duty of public security organs, the influence of relationship based on duty type. The second part mainly elaborated the premise of the administrative omission, that is the legal obligation of the public security organs. There are two aspects, one is provision of law, the other is the obligation caused by advance behavior, administrative contract, foreign pledge etc. The third part discussed the subjectivity requisites of the administrative omission of public security, that is the situation the public security organs can for, but has not fulfilled the legal. This part also expounded the deadline request. The fourth part discussed the object requisites of the administrative omission, that is the possibility of performing obligation of public security organs, it also emphasized the several situation of non-executive case.