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Disuss The Expert Participation In Legislation

Posted on:2013-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y G LiangFull Text:PDF
GTID:2246330395969631Subject:Law
Abstract/Summary:PDF Full Text Request
Public security administrative law enforcement is a topic which is both theoretical and practical, so the theoretical circles have paid much attention to it for a long time. However, few people concern themselves in the assessment of public security administrative law enforcement effect and the systematical construction of it. In order to ensure that public security administrative law enforcement can be carried out in the standardized and orderly track, law enforcement should be well supervised and illegal law enforcement should be inquired and punished. And the way in which the supervision system and inquire-and-punish system be started, and assessing the public security administrative law enforcement effect is a very important method to measure the whole law enforcement effect, and it is also the key link, which is indispensable, in the start of supervision system, inquire-and-punish system and so on.The assessment of public security administrative law enforcement effect refers to the evaluation, examination, criticism, measuring and analysis made in the process of carrying out administrative functions and powers by public security and its civil servants in accordance with the procedures and contents of the laws and regulations. The standard of the assessment of public security administrative law enforcement effect is the criterion and scale of the assessment of public security law enforcement effect made by some subject related. The evaluation criterion is an important part of the entire assessment mechanism of public security administrative law enforcement effect, and also the first link of the assessing work. In general, the evaluation criterion of public security administrative law enforcement effect may include four main criteria, that is, legality criterion, reasonableness criterion, procedural criterion and technical criterion. After the criteria of the assessment of public security administrative law enforcement effect being determined, there comes the implementation phase of the assessment. The starting subject is the first thing to think about in the implementation of the assessment, because only after the starting subject starts the assessing procedure, can the entire program be orderly carried out in accordance with the plan. Because of the differences between the starting subject in character, starting subject includes internal starting subject of the effect assessment—overnment-led assessment, external starting subject of the effect assessment—ociety-led assessment, and mixed starting subject of the effect assessment—ndependent third-party assessment authorized by government. As to the selection of the object of assessment, firstly, the scope of them should be determined, secondly, the standard of the selection of the object of assessment-availability, to be exact, validity, necessity and feasibility.After the determination of the criterion of the effect evaluation and its setting principles, and the determination of the starting subject and the object selection of the effect evaluation and its criterion, the assessment officially enter the implementation phase. The implementation of the law enforcement effect evaluation is mainly divided into three steps:the first step is the collection of public security administrative law enforcement information; the second one is the analysis and demonstration of public security administrative law enforcement information; the third one is the formation of the law enforcement effect evaluation report. The last one is the existing problems and improvement method of the public security law enforcement, and the problems include law enforcement standardization, administrative omission, lack of procedural rules, and the improvement method mainly refers to the perfection of the liability mechanism and the supervision mechanism.In structure, the body of the thesis includes five parts:the first part is the definition of the scope of the assessment of public security administrative law enforcement effect; the second one is the selection of the standard of the assessment of public security administrative law enforcement effect, to be specific, legality standard, reasonableness standard, procedural standard, technical standard and so on. The third part is the starting subject and object selection of the assessment of public security administrative law enforcement effect, and the starting subject is divided into internal starting subject, external starting subject and independent third party subject of the assessment. Much importance should be attached to the standard of the scope and selection of the object in the selection of the object of the assessment. The fourth part is the enforcement plan of the assessment of the public security administrative law enforcement effect, which include:the collection of the public security administrative law enforcement information, the analysis and demonstration of the public security administrative law enforcement information and the result of the assessment of the public security administrative law enforcement effect. The fifth part is the existing problems and the improvement plan of it in the assessment of public security administrative law enforcement. And the last part is the conclusion.
Keywords/Search Tags:Public Security Administrative Law Enforcement, Law Enforcement Effect, Evaluation Mechanism, System Construction
PDF Full Text Request
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