| The public security administration enforces is realizes the public security management punishment, the maintenance social order one safeguard method.At present, our country related public security administration enforces the law, the laws and regulations are at the disperser as well as not the perfect condition.Enforces to the public security administration carries on the theory discussion, the nature which the research public security administration enforces, enforces the procedure, the solution public security administration regarding the consummation public security administration enforces in the practice the question to have the vital significance.The public security enforces is one concrete form which the administration enforces, is in the public security management legal relationship, the public security management main body (mainly is refers to public security organ) refuses when the relative person to fulfill the public security administrative action determination the duty, legally uses certain method or the measure, forces its fulfillment duty or achieves with the fulfillment voluntarily identical condition behavior. This behavior more manifesting are a process, before implementation must have the legal procedure and the condition, therefore it is different with the public security precautionary measure, also is different with the procedure succinctly, decides after deliberation the natural high public security immediate compulsion.The public security administration enforces the basis which produces and exists is the public security management punishment decision.Possibly becomes the basis public security management punishment decision which the public security enforces, and must be effective has the performability.But already established the public security management punishment decision which not yet became effective, or although already established, the public security management punishment decision which but expired, all was not the public security management punishment decision which might carry out. Only then already established, and already had the public security management punishment decision which the potency and the potency not yet lost, was the public security management punishment decision which might enforce.This article embarks from the reality, to the public security management punishment decision establishment, the performability as well as its potency has made the limits. Certainly, the public security management punishment decision establishment and the paraphrase become effective after the human, cannot be possible to enforce immediately, must sue (or reconsiders) the effectiveness period expiration after the legal rule relative person, and in the relative person fulfillment public security management punishment for in its definite voluntary situation, has not been able to start and the implementation public security administration enforces. Looked from the realization method that, the public security administration enforces the method to have enforces indirectly with enforces two kinds directly.The public security enforces the domain to enforce indirectly with other administrations enforces is same, mainly includes a generation of execution and the execution punishes two ways. Compares with other administrative organ, the public security organ enforces directly the scope is wider, the way are more, besides has the authority to the property which seals up and seizes and hands in for cancellation, but also includes to the person enforces like the public security administrative detention directly, deports as well as the compulsion subpoena and so on. Because enforces directly has compulsorily, also directly take volunteer's personal rights or the property right as the execution object, if is suitable improper, extremely easy to create to the volunteer legitimate rights and interests harm, therefore should cautious with carry out the form directly.Although the public security administration enforces is our country public security management moves an important method, but its procedure standard at present in our country law Shang You the very big blank, this caused the public security organ when to carry on the public security administration enforced does not have in the procedure explicit stipulation, the space which the freedom decided after deliberation to be big,. causes the phenomenon which enforced is unable to implement or to abuse to sometimes occur. In order to guarantee the administrative relative person's legitimate rights and interests, should establish set of strict standards the public security administration to enforce the procedure as soon as possible. This article enforces voluntarily take the public security organ as the key point, proposed the establishment warned, the investigation and the examination, the decision, the execution for the key link procedure tentative plan, and on further consummated the relief way, to the transient population which the statement objection procedure, the public security enforced and infects patient's public security administration to enforce as well as assists other administrative organ to enforce proposed the concrete proposal.. |
