The Governance Of Subpoena Power Abuseby Law

Summoned police summoned to find out the case fact is the public security organs, in accordance with the law shall be ordered to illegal suspects in limited time limit enforcement activities by asking at places, the public security management punishment law article82, article53of the program regulations,"hereby" the70th item2, the exit immigration law in the third paragraph of article59of are expressly provides for our country public security summons for the subject and scope of application. Facing the complex situation of the public security police practice, summoned police in different degree in the law enforcement of public security organs to apply a misunderstanding and abuse. Articles from newspapers and magazines, published in the media about the public security subpoena power, abuse of sensitive news events, reveals the social public opinion and understanding of the public security organ public security subpoena power abuse. Our country has been trying to standardize the public security organs of the exercise of the subpoena power, public security, studies of subpoena power, public security and regulation has never stopped, this paper enumerates the theoretical circle and the public security organ and the research status of internal scholars to subpoena power, public security, and detailed analysis of the new provisions on administrative cases in the public security organ for program about the security of summoned regulation changes. Security subpoena power, the applicable in the public security organs of the law enforcement in the practice of still more problems, affect the summoned the guarantee of rights and interests of the other party. The author with subpoena power, public security in the public security organ shall apply as a visual Angle, field investigation and study in our country, the public security organs, the Yangtze river delta economic developed areas with discussion, individual interview, the law enforcement police business data statistics refer to the public security organs, through the case file, along with law enforcement at the scene of the police law enforcement methods such as detailed understanding subpoena power, public security in the public security organ specific usage, found that the public security organs in the implementation of security summons exist when subpoena power, public security inquiries since the start of the implementation of launch, summoned to verify time and mandatory summon more optional, summoned verbally and written summoned to mix, summoned for the families of the other party after notice is not standard and summoned the counterpart aid limitations and other issues. After found the problem, this paper summons and its related concept confusion, the defects of legislation and institutional system, administrative case procedure, and summoned the human factor is the reason for the existence of the specific problems is analyzed, and from the perspective of substantive law and procedural law and the relief method three security subpoena power, control measures are put forward Suggestions of reform and development.