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On The Security Administration Punishment Act "modify

Posted on:2003-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:S C YangFull Text:PDF
GTID:2206360065955724Subject:Law
Abstract/Summary:PDF Full Text Request
Order management is main body of national administrative management. It is a kind of administrative work for country to maintain public order and protect people's life. It's an important part of country's administration management, with the development of our democracy politics, people's sense of law is becoming stronger and stronger, law system is becoming better and better. A series of law has been promulgated. Perfect law system of public order has been formed. All these have played an important part in safety of person and property, public stability and the smooth development of our modern socialist construction. Public order management punishment regulation of the people's republic of china is a basic law of public order. Itwas issued in 1957 and adopted by the 17th assembly the National People's Congress. It was revised by the second assembly, the 8th standing committee of the National People's Congress in 12. July 1994. Its implement has taken a greatly active role in the strength of public order maintenance of society strength and national management by law.But, with the changing of our country's politics and economy, the limitation of Regulation has been coming into being. Most of its contents are not able to adjust to the development of present legislation, and can't solve existing problems effectively. Many legislativefruits and new instilutions are not involved into it.Some contents go against criminal law. administration punishment law and administration reconsideration law ect. China has joined WTO. This also brings new problems to public order and greatly affects and limits its functions of punishment and management. There are many tilings that need changing in "regulation". In the new times when planned economy is turning into market economy, It is necessary to research into the "regulation" to revise it as soon as possible.This essay has four sections.Secfion one. necessity of revising regulation.1. Analysing and researching the first and second revision to the regulation by the standing committee of the ational People's Congress. In the first revision I think it settled a principle of the union of education and punishment connection of democracy and law, addedsome public order acts that should be punished deleted some contents that other laws had had. It also settled administration recosideration and administration lawsuit, and set an economic approach to protect legal rights of victims and people who are punished.In the second revision this regulation just made some behaviours that go against public order better and more suitable2. Narrating llink from the revision and promulgation of a series of law such as dministration lawsuitlaw, police law , national compensation law . admisnistration punishment law, environmental noise pollusion law,criminal law and administration consideration law ect. The link is more important to Administration punishment law . Administration punishment law is a basic law to administration. It is basic to public order. It asks for high demand to public order punishment The contents of on -the- spot punishment system, trying a case system . separation of punishment and capture system are not suitable to the regulation in recent years. A lot of economy and administration laws have been made in our country. In fact, many contents belong to the range of public order. As to the range of punishment in regulation, the listed acts against public order don't meet the demandof public order in present situation. Criminal names in the newly revised criminal law are added from 260 to 483 But regulation only settles 77 acts against public order. If the ranges of the two laws can not be connected firmly, they will let the criminals escape from punishment.3. The present situation of public order is objective demand for revising regulation, By evaluating it , I think public order is stable but problems of public order are very serious. It is an urgent task to consummate law.Section two. narrating basic principles when revise regulation 1 The pri...
Keywords/Search Tags:Order management and punishment regulation, Revision, Administrative law
PDF Full Text Request
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