Research On The Standardization Law Enforcement Of Chinese Public Security Organs

It is pointed out at the4thplenary session of the18thCentral Committee ofCommunist Party of China that ruling the country by law must be pushed forward inorder to complete the building of a well-off society in an all-round way, realize theChinese dream of achieving great rejuvenation of the Chinese nation, deepen variousreforms, complete and develop a socialist system with Chinese characteristics as wellas improve the party’s governing ability and level. Facing requirements of rule of law,public security organs should be restricted by judicial power and checked andbalanced by civil rights such as right to keep silence in exercising their policeadministrative power, which should be put under social supervision. Against thebackground of ruling the country by law, standardization of law enforcement isbeneficial to promoting the transformation of work mode of public security organs.As for main basis for activities and law enforcement conducted by police officers ofChina such as Law of Security Management and Penalties, Administrative PenaltiesLaw, Administrative Reconsideration Law and State Compensation Law, all of whichfall on the category of administrative law. However, as a main component of policeactivities, those activities concerning criminal justice have the essence as theextension of police administrative power. Administration by law is the king provisionin exercising administrative power.In China, public security organs form a law enforcement team comprising of alarge number of personnel, for which standardization of their law enforcementactivities has a significant influence on the public’s faith in law and a profoundinfluence on the promotion of rule of law. As important departments of administrativelaw enforcement, public security organs shoulder heavy responsibilities ofsafeguarding people’s life and property as well as maintaining social order, whichundertake important functions in implementing strategy of ruling the country by lawand building a law-based government and play a significant role. The only way toimprove public trust in law enforcement by public security organs and their level ofability in administration by law, establish a fair and just legal environment as well as realize fast and good development of economy and society lies in re-examining lawenforcements conducted by public security organs, summing up experiences andlearning lessons, considering standardization of law enforcement as the objective aswell as focusing on updating concept of law enforcement, standardizing lawenforcement activities and completing law enforcement system.