The Problems Existing In Administration Of Public Security And The Solutions To Them

Law of the People's Republic of China on Penalties for Administration of Public Security is a major law base for the public security organs to implement penalties for public security rights . The enactment and promulgation of it has vital meaning in maintaining steady society order, advance the social harmony and at the same time normalize the execution of the public security organs。However, there is still lots of unsatisfactory in its process system and the principal part . According to the law theory concerning Penalties for Administration of Public Security, from the unsatisfactory problems in it and some lessons the public security organs learned for a long time , I'll analyze the related causes of its problems and the related factors and put forward some solutions to perfect the system structure and normalize the implement of penalties for public security rights.This article consists of four parts.Part I : The comment of the basic law of penalties for public securityA probe into the basic theoretical problems , such as the concepts and traits ,is the premise of a deep-going study on penalties for public security system. This part makes a brief analysis on penalties for public security concept and tentatively studies its basic traits. we should follow five principles to punish in public security management: Punish by legal principle , Legal principle of the subject ,disclose adjust principle , ensure party's right principle, the principle that combines Educate and punish together. Legal principle of the subject is the nucleus as well as an essential one in all kinds of principles .Part II : The comment and analysis of the current situation of Penalties for Public SecurityAs a law combining substantive law and procedure law concerning with comprehensive areas, this law has its defects inevitably in its legislation , implementing explanation. After its promulgation, public security organ also meet their problems when executing it .This part mainly analyze the defects in its legislation and the problems when public security organ executing it . The main defects in its legislation are as follows :the too broad spectrum of cutting out rights ,which can be ill-used; the limitation to hearing the witness ;the complication tendency of various examine and approve procedures ;the lack of time and effect system when executing the penalty ;the difficulty in implementing the fining.Based on this ,analyze the causes of the existing problems and state the followings are the main causes of the problems :the idea of the minority of the policemen's executing the law should be corrected ,their law quality should be improved ;the misuse of authority of some of the policemen breaching the basic aim of the penalty ; the random implementing ,abusing the freedom of cutting off right ;the standing out of the procedure irregularity.Part III: Some suggested solutions to the problemsBased on analyzing the causes of the problems in all aspects, I come up with some suggested solutions to the problems in the execution of the penalties for public security. They are as follows rperfect administrative person who cut out right freely; restrict the performance of the person who cut out right freely ; perfect the procedure system of the law; introduce the time and effect system when executing the penalty; execute multi- ways penalty ;solve the hard implement of fine problem ; strengthen the construction of the public security troops ; improve the quality of the public security policemen ;strengthen and perfect the direct mechanism system of the police authority administrative implement; perfect the police guarantee system ;strengthen the popularity of the law education ;create good social environment etc.