Protection Of Human Rights On Administrative Penalties For Public Security In The Highlight And Perfect

Human rights and their guarantee are centuries-old topics, and research about them in China and foreign countries is embedded. The differences in politics, history, culture, morality and tradition, especially the large differences in modern economy, result in the differences in range, level, methods, and internationalization of the guarantee of human rights between different countries. But to advocate and guarantee human rights have become the common sense of mankind.After the foundation of new China, the Chinese Communist Party and the government have been in pursuit of human rights and its guarantee as their value goal at all times. After the reform and opening up, with the constant development of the society, economy, education, science and technology, culture, medical treatment, health, sports, human rights has received the highest level in history and the ranges of human rights the citizens owed has been enlarged."Law of the People's Republic of China on Public Security Administration Punishments" was passed at the seventeenth session of the Standing Committee of the tenth National People's Congress on August 28, 2005 and carried out since March 1, 2006, which was a big affair in the process of Chinese legal system. It put forward in general principles that to put public security penalization into effect should be open and just, respect and guarantee human rights.Compared to "regulations of public security penalization" carried out in 1986, "Law of the People's Republic of China on Public Security Administration Punishments " enlarges the ranges of public security penalization, and embodies the protection of physical and wealth rights of citizens. It adds some human regulations to the application of public security penalization. It details administrative provisional penalization, compresses the free judgment of the policemen. It draws up detailed procedures of public security penalization which is convenient for the operation and guarantees the justice of procedure and the human rights.No law is absolutely perfect. "Law of the People's Republic of China on Public Security Administration Punishments" emphasizes the guarantee of human rights, but it needs improvement in some aspects. Some regulations about the guarantee of human rights are coarse, and some related laws and policies are lack. The ranges of the guarantee of human rights need enlarging. The methods and measures of administrative relieve and justice protection are not perfect. All these prove that our legislation ideas are not innovative. The system of public security and supervision exists defection. The idea and level of law enforcement should be improved.Therefore, we should consummate the legislation of the guarantee of human rights, improve the legislation level, pay attention to cooperation of laws and regulations; improve the political and law accomplishment of public security ranks through all methods to help the policemen build up the idea of human rights guarantee; propel the pubic security system reform and guarantee personnel and funds; renovate the environment of enforcing the law and strengthen the inside and outside provision of public security penalization and build the effective system of job responsibility. We should control the free ruling rights of policemen and balance the rights between policemen and citizens, encourage lawyers to provide suspects with help during the process of public security penalization and consummate the ways and procedures of rights relief to protect human rights effectively.