Study On The Administrative Enforcement Of Railway Public Security

Railway police is one of the most important departments in public security organization and also representing the national security presence in the railway administrative power and criminal law enforcement forces. As national law enforcement agencies in railway department, the duties of railway police include maintain railway security, safety and smoothness of transportation, protect lives and properties of passengers, and ensure rapid development of railway. Most of these tasks are achieved by administrative enforcement. Therefore, the analysis of the current railway police department's administrative mainstay, the authority of administrative law enforcement, to find out problems and solutions occurring in law enforcement, have significant concept for improving the construction of railway police, promoting administration based on law, and administrative enforcement for citizen.This article will be represented in four sections.The first section is analyzing the status of administrative mainstay of railway police, which is investigated the qualification of administrative enforcement. The basic clued of administrative law is:" Administrative mainstay----Administrative action-----Administrative Duties". In order to study on individual or multiple samples, the first step must be to confirm whether the sample is an administrative mainstay, and whether the sample has the availability and ability to perform. Since the reconstruction the railway police system in July 2009, the character of railway police has changed. So the first section will be analyzing the difference of status of administrative mainstay before reconstruction and after. Before the reconstruction, the obscurity of status of administrative mainstay affected the ability of enforcement and funds, and also had negative influence on improvement of railway police quality. The article argues the 2009 reconstruction program had practical rationality, which includes:incorporating railway police under direct management of national police department, incorporating railway police officer into public functionary system. The program ensured the administrative mainstay of railway police, eliminating the logical contradiction of "Company lead Police". Adapting t railway police's own operation system, and help to improve to level of administrative enforcement.The second section is Railway Police of the administrative law enforcement authority. From the Railway Police in this part of the basic administrative functions, law enforcement and administrative jurisdiction of three aspects on the analysis of administrative law enforcement authority. In terms of basic administrative functions after the reform should be in accordance with the terms of Railway Police, "Police Law," the implementation of the nature of authority is the nature of police power, enjoy the same basic terms of other police, railway police in the discharge of administrative duties according to the process to the exercise of administrative coercive measures, administrative penalty, inventory lien rights, inspection rights and so on. In addition, according to the specific needs of rail security, railway police in the administrative enforcement process will be different from other departments to implement some of the police authority. Law enforcement in the jurisdiction of Railway Police, the "Railway Law" fourth thirteen to railway stations and trains law enforcement was placed under the jurisdiction of Railway Police, but its in the "railway" has law enforcement jurisdiction where the provisions of the Railway and "safeguard." 2006 issued by the Ministry of Public Security, "the public security organ Procedures for Handling Administrative Cases" to define the jurisdiction of law enforcement along the railway, which from the perspective of the nature of the case that "the safety of railway transportation, theft, railway facilities," the case was placed under the jurisdiction of law enforcement Railway Police, and other types of cases should be governed by the local public security organ. In the Railway Police of administrative enforcement, the enforcement of this part of the process of combing should apply the laws, administrative regulations and government regulations, and analyzes the "Railway Law" and "Security Management Punishment Law" should be how to apply the conflict.The third section is the Railway Police described the administrative law enforcement status and problems. Safety is the lifeline of rail transport, railway transport safety is the normal order of production systems, transport, passengers safe life and property insurance, cargo and transport equipment in good condition and overall performance, and given by the State Railway Police's main task is to defend the railway transportation safety, maintenance railway law and order, so to examine the status of Railway Police and law enforcement problem, we must first understand the current security situation in the railway and its basic characteristics, which mainly reflected in:Railway security problems of various types, the complexity status of the railway community policing, law and order along the railway line prominent. The Railway Police problems in law enforcement include the law enforcement ability, Justice and Law Enforcement Discretion. The problem of discretion which is the most controversial issues, including problems and the amount of administrative penalty provisions of the law applicable to administrative punishment and other issues, the section of this detailed analysis.The fourth section is discusses the improvement of the railway path to the ideal of administrative law enforcement. This part of the railway from the perfect standard system of law enforcement, improved performance evaluation system, Railway Police, Railway Police and the strengthening of the three aspects of law enforcement supervision mechanism to improve the Railway Police's law enforcement capacity, enhance law enforcement efficiency. The supervision of law enforcement, for example, internal law enforcement and supervision of Railway Police is to protect the fair enforcement of the necessary means to give full play to the role of railway police internal oversight to prevent the abuse of power, to reduce or eliminate violations of law, enhance the transparency of its enforcement activities, to strengthen its awareness of administration according to law so as to better defend the safety of railway transportation, the legitimate interests of maintaining relative; and improve law enforcement supervision mechanism, but also from the sound of law enforcement supervision system of rules, supervision and enforcement functions of prevention, drawing one-third of the system Supervision and other aspects of law enforcement considerations.