China Police Administrative Procedures In Research

As the process of governing the country by law, the china's theoreticians and practitioners gradually realize that the harmfulness of the so-called "emphasizing entity and neglecting procedure" traditional disadvantage, more and more people begin to pay attention to the procedure value, and try to reverse the tendency by their own efforts. In the recent 20 years, through procedure researches and system formations in all aspects, all circles basically reach an agreement that the establishment of procedure has crucial value in modern countries governed by law. To everyone's great delight, in recent years ,the research on administrative procedure is fruitful, not only including the abstracts offered by various teaching materials, but also professional theses, introductions, comparisons, concourses, and analysis of technical work. But in-depth explorations about the departmental administrative procedure and the application of administrative procedure in different administrative departments are lacking, particularly a systematic study on the police administrative procedure((PAP). Base on a general analysis of PAP, this thesis conducts a detailed analysis of the current situation of PAP in china, its features and the main problems existing in its enforcement and then attempts to make proposals about furthur perfecting the PAP.The thesis has three sections:Section One is an analysis of the basic theories concerning PAP. Trying to explain and demonstrate the universal theories of characteristics, classifications and value functions concerning PAP, the author of the thesis first defines the notion of PAP .The author states the PAP has the qualities of legality, variety, decentralization and mandatory and classifies the procedure into mandatory procedure and optional procedure, chief procedure and margin procedure, internal procedure and external procedure and such. In terms of value function, the author also proclaims that the PAP has the functions of standardizing and supervising legally behavior ,ensuringcomparative people's legal interests and improving police administrative efficiency.Section Two is about the current situation of our country's PAP and its major problems .It mainly analyses and explores the scope of PAP and its main problems. The main problems in mentality are the existence of the traditional law of "ruling by certain people", also the procedure tradition is fragile, and the lacking of belief in due process.The chief problems in legislation mainly about the following: the lacking of definite rule by the constitution relating to the ruling of administrative procedure, and the lacking results in the underdevelopment of administrative procedure including PAP; In the possessed legislation of PAP, the procedure afterwards is often more emphasized than the procedure forwards and inwards; The character for participation in PAP is very week, and the supervision of PAP is very low. In the aspect of law enforcement, it mainly not only has the problems that exist in the procedure, way, order and deadline of the law enforcing but also has the problems that exist in administrative punishment, administrative license and administrative enforcement, what's more, the rules of legal responsibilities during PAP legal liability are excessively simple and principle.Section Three is the general proposal about the perfection of PAP. In relating to the main problems exist in PAP discussed in Section Two, and also the real practice in police work in China, this part is to perfect the PAP in the aspects of notion, legislation, law enforcement and legal liability resulted from violating administrative procedure law. First, we must change our mind to firmly build up modern notion of administrative procedure; Secondly, we must reinforce the legislation of PAP and establish the correlative principles and system. In the writer's opinion, the PAP law should establish the principles of publicity, impartiality, fair, participation and efficiency; meanwhile, mainly discusses the specific systems that be in urgent need to found in administrative procedure law ,and those that have procedure legislation practice but need further improvement ,such as public police affairs system, evasion system, hearing system, apprizing and reason-giving system and so on. Thirdly , it must be serious during law enforcement when handling a case. One must stick tolegal proceedings. Finally, to perfect the PAP legal liability resulted from violating administrative procedure law by using foreign regulation for reference, first to ensure different legal responsibilities under different procedures and situations. At the same time, it must prosecute the administrative duty of related police under law, while compensate the losses of the victims, thus, to build up various duty-realization forms when breaking the administrative procedure law.