Study On Administrative Tort Liability Of Public Security Agency

In modern society, Functions of the governments at all levels in the field ofpublic administration continuously expand, executive power increases, violations ofindividual rights caused by invasive administration are also common. The PublicSecurity Agency, as one of the state’s enforcement organizations for governmentruling class, its occurrences of violation of individual rights during its administrationis somewhat significant. The sample study based on this subject will provide somehelp to the whole systematic research of the theory about the administrative violationof individual rights. The author has worked for the Public Security Agency for manyyears. She has some knowledge about the phenomenon of violation of civil rightsduring administration by Public Security Agency, as well as knowledge of resolvingsituations when the violation of individual rights occurred when official duties arecarried out within the Agency. Through the awareness of the basic concept and theconsisting elements of the administrative violation of individual rights, among thetypes of administrative violation of individual rights that possibly exist duringadministration by the Public Security Agency, this article plans to analyzes theidentification and accountability of the responsibility during administrative violationof human rights by the Public Security Agency and the Police. This in turn leads to adiscussion about how to effectively prevent the occurrences of the administrativeviolation of individual rights by the Public Security Agency.Currently, the occurrences of violation of human rights by the Public SecurityAgency are mostly close related to the continuous generalization of the administrativeduty of the government. Voluntarily or involuntarily, more and more police force areput into House Registration approval, forceful demolitions, census informationcollection, management of overseas personals, and other social administrative work. Under the priority of a service-oriented government, the function to prevent andpunish crimes of the Public Security Agency has been weakening. The author believesthat, the Public Security Agency should improve the distribution and operation of theadministrative management function among respective departments. It would beeven better to completely strip away its social administrative functions. Transfer thesefunctions to social organizations or other departments. At the mean time, in theframework of existing administrative laws and regulations, we should further perfectthe ways to obtain relief for the people whose rights have been violated by theadministration. Their rights should be property protected. This will in turneffectively preventing the occurrences of violation of human rights by the PublicSecurity Agency.