On The Function Of Administrative Procedures For The Protection Of Public Security Law Enforcement

The conception of administrative procedures means the total rules of the processes, ways, sequences and limit of time of public security department's enforcement of the administrative actions.In our country, the categorizing standard in some theories about the category of administrative procedure function is not so clear or assured. In other theories there are logical mistakes of conception categorizing, which violates the requirement of category relationship. In my opinion, from the point of view of the subject of administrative department, the administrative procedure function can be categorized into indemnificatory function and conditionality function. At present, most administrative law scholars tend to put more emphasis on the protection of the rights of the opposite party in the administrative legal relationship, which leads to most studies on administrative procedure emphasize on the procedure right control and supervision function. Such tendency in the juristic theory area deeply influences administrative legislation in our country, and its disadvantage has already appeared. Administrative law balancing theory says that, on the one hand, in order to protect public interest, we must give administrative department necessary rights and safeguard these rights effectively used to achieve the purpose of administration. On the other hand, we have to protect the civilians' legal right and emphasize on administration in public, attach importance to civilians' participation and power remediation, and the supervision of the right. Neither of them should be ignored. Correspondingly, there is an imbalance state in administrative law, including police administrative procedure legislation. The cognition of such imbalance state directly leads to the determination of the target mode of administrative law including the administrative procedure legislation. One of the imbalance state is that the opposite administrative side has less right but commits more obligation so they can't contend with the administrative department. Another imbalance state is that the administrative department has less right but commits more obligation so they can't contend with the opposite administrative side. In my point of view, in the area of police administrative law, especially in the administrative procedure area, the second imbalance state has already appeared, at least there has been imbalance tendency. On such judgment, this dissertation advocates the administrative procedure legislation target mode which is balance partial to indemnificatory function. Actually, the balance theory requires the correction of the imbalance state of the lack of indemnificatory function in the present procedure law.This article analyzes the situation of the administrative procedure legislation of public security department, and points out that administrative procedure, especially the lack of indemnificatory function of public security department's indemnificatory function. As to the specific work of administrative procedure of public security department, this article divides into three hands, that is routine administrative cases, social order management and traffic management, to analyze and discuss.We can get two conclusions from the practical analysis of the public security department administrative procedure.First, the design of the system's function should not apart from the objective reality,and the judgment of the social objective reality will directly influences the design ofthe target mode made by the system-maker. The administrative procedureconsequentially lacks for indemnificatory function if the administrative procedurebased on the judgment of situation that in our country the administrative right inflates,disordered using and out of control, and the citizens' legal interest can't be effectivelyprotected.Second, as one kind of enforcement technique, procedure is a kind of specific rule,which is designed by the banal standards of justice and efficiency, and it existencesisolated from its entitative content. Reasonable administrative procedure is thecombination of ration and experience, which has high administrative efficiency, and itminimizes the waste by procedure arrange, while maximizes the effect supporting. It'sthe important factor to ensure the administrative procedure ofpublic security department to adequately exert its indemnificatory function. It's alsosuggested to enhance the public security department administrative procedurelegislation quality, and put emphasis on the scientificity of public security departmentadministrative procedure legislation.