Public Security Administrative Proceedings By The Scope Of The Case Study

Public security organs as an important executive in China, the level of the administrative law enforcement and law enforcement quality directly influences the gains and losses of the interests of the opposite person to the police administration. Nowdays, our country is undergoing social transition, a variety of new situations and new things have emerged in endlessly. The development of democracy and rule of law is becoming faster and faster. The contradiction becomes noticeable between the increasingly expanding of police executive power and the supervision. Setting up a more complete scope of review able agency actions in police administrative litigation system, not only balance the police executive power and judicial supervision power's relations, but also is an efficient way to fully protect the legitimate rights and interests of the opposite person to the police administration. The scope of review able agency actions in police administrative litigation is an object of study to be discussed by this article.First of all, from the basic theory of police administrative litigation, the author discuss the meaning and characteristic of the scope of review able agency actions in police administrative litigation, in order to study and solve the problems of scope of review able agency actions in police administrative litigation in judicial practice and reform and improvement it. The case-accepting range of police administrative litigation is refers to the scope for the people's court to accept the public security administrative dispute case; any type case should accept by the people's court, any type case should not accept by the people's court. And in this chapter, the author also analyzes the difference in the meaning of the case-accepting range of the police administrative litigation and related concepts, and the major factor which impacts the development of the case-accepting range of police administrative litigation. For example:the different options of the primary value or law, the scope, of supervision of judicial power, and the limited police administrative law theory. Secondly, the author introduces the legal provisions of the case-accepting range of police administrative litigation, from the legislative history, legislative model to the detailed prescriptions of our country law. Thirdly, the author analyzes the existing predicament in the case-accepting range of police administrative litigation and judicial power by the operation through three aspects, including the narrow civil rights can be redressed the limited of judicial power operation, and the complexity in distinction between the police Criminal Investigation measures and the specific administrative act of the public security organ. Finally, the author visualizes the reconstruction of the case-accepting range of police administrative litigation. Including the reconstruction of the theoretical basis of the case-accepting range of police administrative litigation, the real possibility of the reconstruction of the case-accepting range of police administrative litigation, the alteration of legislative model of it, and the expansion of it and so on.