On The Legal System Of Controlled Apparatus Management Of China

In recent years, in China frequent occurrence of individual extreme use of controlled apparatus has brought about tremendous violent crimes and terrorist sabotage, causing heavy casualties and property losses, and even threatening to public safety. By contrast, in China on the control equipment there is a definition to the scope of management, construction of the administrative management system, and the promotion of the legal system are all lagging behind other aspects. Besides, there are few theoretical and applied research results, all above bring great confusion to government departments of management and law enforcement, even the control equipment industry activities Therefore, it is a priority to make a complete law or regulation to regulate the management of equipment, to define the scope of management control instruments scientifically, to improve the legal system of management controlled apparatus. Papers put "Analysis of control equipment management concepts and scope definition---outside the control equipment management experience---defects of control equipment management---control equipment management legislative recommendations" in order, and carry out research into the legal system of controlled apparatus.Paper is divided into four parts:The first part, the basic control equipment is defined concepts and scoping. Have a deep analysis on the concept of upper controlled apparatus-dangerous goods, equipment and management concept, point out the lack of the traditional concepts and redefine them. In the view of the government regulation, in order to protect public safety and interests of citizens, maintain public order, the public security department requires types of equipment. The core of control equipment management is not "material" but "people". Analyze the controlled apparatus and the characteristics of the industry activities. According to the performance, re-define the range of controlled apparatus scientifically and is divided into categories of death, injury and trot class controlled guns, etc. Inspect from the history, performance, structure and other aspects, combine with specific cases, and analyze the need for control in-depth.The second part, analyze the situation of outside control of instruments management. For the limited material and article length, only mainly take the United States, Britain, Japan, Hong Kong and Taiwan for example to describe the characteristics of control instruments management and summarize experience, so as to use for reference.The third part, analysis of legislative and administrative control equipment problems on the basis of legal norms. On the one hand, there are some legislative shortcomings, mainly including:incomplete management, legal basis seriously lagging behind, not punishment for some offense, the imbalance of legal basis; On the other hand, analysis of administrative management problems, such as the management system is not proper; The management system lags; regulatory action gets into trouble and too frequent and special actions impact on management.The fourth part, recommendations of improving the legal system on control equipment management. Elaborate controlled apparatus legislation should follow the principles of science, democracy, stability, conducive to production, convenient for people. The legal system of controlled apparatus should be made up of 3 parts, including proper management laws or regulations, safety standards and three-part table name. In addition, the expansion of judicial interpretation and development of follow-up regulations. Establish a comprehensive licensing system to control the flow of control systems and equipment accountability system focus on the interface with the existing laws and improve the penalty regulations.