A Number Of Issues. Public Security Administration Punishment

The enactment and promulgation of "Management and Punishment Law in Public Security" has its vital meaning in maintaining society peace, safegarding public security, resolving social conflicts and promoting social harmony, and it also has its meaning as a milestone in police legal system and public security management. In the one hand, this law is helpful to execute public security management legally, and examine and publish all kinds of activities against public security. On the other hand, this law is useful to protect citizen's legal rights and interests. Comparing this law with the old one, the new one has obviously improvement in legislative skill, structure, contents and etc. However, as a law combining substantive law and procedure law concerning with comprehensive areas, this law has its defects inevitably in its legislation, implementing explanation. During the one year time after its promulgation, public security organ also meet their problem when executing it.This paper is written under the view of administering legally. Through comparing and analyzing different substantive and procedure rules between the new law and the old one, this paper introduce main rules in the new one and discuss the spirits and meaning of human rights in it. Through study the relationship between Management and Punishment Law in Public Security and neighbouring law, this paper discuss their overlaping and connecting problem specially. This paper also analyze problems existing in substantive and procedure area during the law's execution,the deviation when understandting lightening punishment in the implemeting explanation,executing problems by public securityorgan. The paper also provides with its legislative suggestion when modifying this law such as in the substantive law area to specify the pinciple that punishment shall be prescribed legally, to define the construction elements for illegal activities, to set a evidencing standard for punishment in public security, to introduce easy-indicting system; in the procedure area to set up the examining power for police under emergency, to set up hearing procedure before detention, to enhace executing idea and ability for the public security organ through law education and training, to perfect law executing system and strengthen supervision on law executing.