The Statement Of Security Administrative Omission

To further study the public security organs administrative omission, must first from the administrative omission as the starting point, the administrative omission is that the administrative subject has the legal duty as, and as the possibility of the program is not for late or incomplete as behavior, is the general description of an administrative organ fails to perform his duties.Public security organs, public security organs only on behalf of the state to exercise administrative power, can become the subject of public security administrative omission, namely the national public security organs at all levels in the exercise of its administrative functions and powers, the subject can be called public security administrative omission. According to the law, the public security organs have a statutory obligation, specific statutory duties;(expect) are required to make specific behavior, the public security organs did not perform their statutory duties or delay to perform its statutory duty behavior, constitute the public security administrative omission. Public security administrative not as a subject has limited, the national public security organs at all levels in the exercise of its statutory functions and powers, to become the main body of the public security administrative omission. Public security administrative not as specific behavior range is reflected in:the public security organs in the specific legal obligation under the premise can constitute omission. Public security administrative omission procedural performance: the public security organs in the work, the procedure are not that constitute the administrative omission; the procedure is actually not, also nonfeasance; made in accordance with the laws and regulations to act as. The public security organ that administrative omission has complexity.Forms of public security administrative omission includes:reply to the party put forward for refusal, delay to fulfill their legal obligations, do not perform their statutory duties, breach of administrative contract. When the applicant to apply for administrative public security organs, public security organs must reply in law within the prescribed time limit, to accept or not to accept the reaction performance, or omission. When the public security organ does not have as a statutory duty, cannot be regarded not as. When the public security organs receive an application, and according to the laws and regulations to take legal proceedings, due to some factors, delaying the implementation of the program, perform their duties within the time limit, are not as. If the public security organ according to the applicant’s legal application, explicitly rejected, also constitute administrative omission. When the contract obligation of administrative contract of public security organs, the public security organ shall perform the contract, otherwise the administrative omission.The constitution of the administrative omission of a main body element, object element, the subjective elements, objective elements. The main elements:the subject of public security administrative omission is only the public security organs, other social organizations, individuals, administrative agencies do not have legal administrative duties can not become the subject of public security administrative omission. The people’s police is on behalf of a total of an organ to exercise the administrative power of the workers. The people’s police only in work time or by the public security organs work entrusted to the exercise of administrative powers. When the emergency situation, the official duties within the country, must perform their duties. The object element of public security administrative omission refers to harm the people’s interests, damage the public interest, may also hurt both personal and public interest. The subjective element is refers to the public security organ subjective intentional omission, the public security organ defects also constitutes the administrative omission in the work process, when there is no force manure factors, not omission. Objective elements mainly not in the public security organs in the program, but also in the time is overdue. Refers to the public security organs in exercising their functions and powers in the process, the program as essentially as relationship, the procedures for the essence is not, that is not as; the procedure is not, that is not as. The public security organ to perform the duties of the time limit in the laws and regulations is still relatively rare, the law should be carried out in accordance with the law, should be determined according to the objective situation there is no time limit of.Public security administrative omission causes mainly institutional reasons, economic reasons, legal reasons, law enforcement quality reasons. The administrative system is not perfect due to the function of public security organs and fuzzy, the relevant administrative laws and regulations can not be made clear, standard of duty of the public security organs, the public security organs to implement the administrative work. There is shortage of police, police force allocation unreasonable, imperfect internal assessment; supervision mechanism is not perfect wait for a phenomenon within the public security organs. But the social life, the government or the superior organ often make administrative intervention on the work of the public security organs, the public security organ to perform the duties of interference. The economic reason is mainly reflected in the public security organs lack of funds, can’t ensure the working conditions; the daily work can not keep balance, leading to the public security organ to administrative revenue. China’s historical legacy "official standard" feudal ideology, administrative legislation, relevant laws and regulations content is not clear, interoperability is not strong, the law enforcement personnel protection is not strong, a cause for legal reasons of public security administrative omission. The quality of law enforcement is caused by the factors of public security administrative omission, mainly reflected in:the law occupation quality is not high, the law occupation ethics. Since our country is long-term public security organs the threshold is too low, resulting in cultural structure of the administrative management system of public security organs is obviously low, poor police legal consciousness of public security organs, not in accordance with the laws and regulations in exercising the power in their hands. In life, the law enforcement is not enough to understand the administrative service, vulnerable social utilitarian temptation,"intercede wind" effect, reduced occupation moral.The remedy for administrative omission means there are administrative reconsideration, administrative litigation, administrative litigation with incidental civil action. Through these three ways, can confirm that the public security organs Administrative Omission and the administrative relative person legitimate rights and interests of the causal relationship between the infringement, and the closeness of the relationship, and can carry on the reasonable appeals to the administrative relative person’s recognition and compensation in a certain range. The state compensation of administrative omission of public security must be legal remedies. First of all, the executive is not as explicitly included in the "State Compensation Law" within the scope of compensation, then carries on the division to the various types of administrative omission, determine the extent of damage, and to formulate the corresponding compensation standard range; and simplify the application state compensation procedures, to ensure that the compensation. The implementation of the supervision of state compensation, ensure that the authority of the law, and give the administrative relative person with confidence. In the pursuit of the public security organs of the legal remedy of administrative omission. At the same time, should also be emphasis on prevention of public security administrative omission. According to the cause of public security administrative omission, first of all to shun system. The public security organs should strive for the society to understand the public security work, strive for the dissemination of public opinion, to form a good administrative environment of public opinion, to all aspects of social public security organs work to understand and support, but also can promote the public security administrative staff actively fulfill its responsibilities. Provide adequate police protection and security, including the police, added burden, adjusting mechanism functions to set up effective incentive mechanism etc.. The perfection of the public security organ examination system, to strengthen publicity and education to prevent external intervention, do the internal supervision. Aiming at the shortage of funds and lack of funds caused by administrative income, increase investment, improve the office conditions, adjust the balance of payments, which can improve the work quality, eliminate administrative revenue. Perfect the legislation, strengthen the education first, get rid of "official standard" feudal thought; perfect the administrative system, clear responsibilities, strengthen the protection mechanisms of law enforcement personnel. To use legal means, to prevent the public security administrative omission. Through training, education, law enforcement officials to improve cultural quality, the legal level; police role correctly, improve the occupation moral.