Analysis And Improvement On The Administrative Reconsideration Of Public Security Organ

The establishment of the public security administrative reconsideration system is the basis by which the public security organs deal with the process of enforcement of the specific administrative act and the controversy between the citizens, legal persons or other organizations; it is the guarantee which is to protect the administrative relative person’s legitimate rights and interests shall be inviolable, maintenance and supervision and administrative law enforcers exercise their functions and powers, improve the efficiency of the administrative law enforcement of public security organ. In real life the disputes of the public security administrative law enforcement is closely related to interests of the citizens, legal persons or other organizations. Therefore, we need to strengthen the public security administrative reconsideration system with dual dimension of practice and theory research. In this paper, based on the current situation of the administrative reconsideration, elaborated our country public security administrative reconsideration in the concept, nature, content, and basic principle and importance. Combined with practice, point out the defects in the system of our country current public security administrative reconsideration. To deal with the insufficient, on the basis of the public security administrative reconsideration system at home and abroad, put forward how to improve the system of public security administrative reconsideration thorough analysis and research. This article is divided into four parts.The first part:General introduction of our country public security administrative reconsideration. Based on the concept and characteristics of our country current public security administrative reconsideration, to expound the nature of the public security administrative reconsideration; to comb the content of public security administrative reconsideration; to point out the basic principles followed by the public security administrative reconsideration; to discuss the importance of strengthening the public security administrative reconsideration.The second part:the summary and generalization of the main problems existing in our country public security administrative reconsideration system, and the illustration of their main performance. That is:the lawful rights and interests of the public security police can’t get relief, the review of the public security abstract administrative action is too limited;the defects of the public security administrative reconsideration procedure;the problems in the connection of administrative reconsideration and administrative litigation and so on.The third part:The causes of the formation of our country public security administrative reconsideration system existing problems. That is: the public security organ lacks of correct estimate of administrative reconsideration; the public security administrative reconsideration institutions are not sound, lack of independence, supervision system is not comprehensive.The fourth part:The measures to consummate our country public security administrative reconsideration system. Aiming at the shortcomings of the public security administrative reconsideration system, constructed available social environment to the public security administrative reconsideration, put forward some countermeasures to perfect the public security administrative reconsideration system. Such as enhance the independence of the public security administrative reconsideration organ, perfect the supervision mechanism of public security administrative reconsideration; expand the scope of accepting cases of public security administrative reconsideration, and especially broaden review of abstract administrative action; perfect the procedure of public security administrative reconsideration,strengthen the public security administrative reconsideration decision to be effective; standardize the cohesion of the public security administrative reconsideration and administrative litigation etc.