On The Subject Of The Legislation And Practice Of China’s State Security Administrative Punishment

State security is an issue related to the country’s sovereignty, security, benefitand honor, its importance is self-evident. The "State security law" promulgated in1993is a special law of China’s state security work, giving the state security organsdual law enforcement power. on the one hand, the state security organ is the nationalmachine tool, exercising the right of criminal law enforcement on investigation,detention, execution of arrest, pre-trial. On the other hand, the state security organ, asa part of the administrative organs, has the power of administrative enforcement. Thepower of administrative punishment is one of the most important, the most widelyused, and the most representative powers of the state security organs.However, because of the particularity of state security work and the legal lag, thelaws of state security has a great disconnection with the needs of enforcement practice.And there also are all kinds of problems on the enforcement practice, which is farbehind the pace of the process of the rule of law. ALL these problems caused a lot oftrouble. Therefore, it is very meaningful to review the legislation of administrativepunishment, analyze the administrative enforcement practice, strengthenthe legislative work of our state security administrative law in the future, andraise the level of standardization of law enforcement.This thesis taked the state security administration punishment as the angle ofview, analyzed and summarized the national security legislation of administrativepunishment and the problems in practice, discussed the perfect path of administrativepunishment of our national security. This thesis consists of three chapters: Chapter Ⅰ analyzed the legislation questions on national security administrativepunishment, including the legal basis and its problems of state securityadministrative punishment; then summarized the types and setting also with theirproblems of state security administrative punishment.Chapter Ⅱ analyzed the practice questions on state security administrativepunishment, including the problem about the division of administrative punishment,the problem of the transparency and openness on the procedure of administrativepunishment, and the flaw of administrative penalty discretion benchmark.Chapter Ⅲ based on the above two chapters to analyze and summarize theproblems on legislation and practice, on how to improve our state securityadministrative punishment system, and put forward some suggestions, includingperfecting our country’s current state security legal system, perfecting the system ofadministrative punishment of state security, establishing of administrative punishmentdiscretion benchmark system, improving the supervision of the state security of theadministrative law enforcement and giving publicity to the national security of theadministrative law enforcement etc..