Research On Legal Issues Of Public Security Organ Administrative Omission In Our Country

The public security organ is one of the administrative subject, different from other departments of administrative function. It has dual function with administrative and criminal investigation. This article, removal of the public security organ for criminal investigation function, we mainly discussed from the public security organ for administrative functions. In practice, the public security organ has a broad executive powers, such as the public security management, traffic management, public security management and punishment and son on. Due to the powers of the public security organs are closely linked to the daily life of people, at the same time, in the practice of the public security organs lack of the legal norms, social public to protect their rights and benefits of law consciousness is relatively weak, therefore, the administrative omission caused by the public security organs damage phenomenon of administrative relative person rights and interests, and showed a trend of rising year by year. If the administrative omission of the public security organ is not paying attention, not only damage the legitimate rights and interests of administrative relative person and also affect the credibility and authority of the public security administrative subject. At the same time, it is not conducive to the process of our rule of law construction and the construction of a harmonious society. Therefore, we study theory and practice of the public security organ of administrative omission, clear its legal liability, it is necessary to put forward the measures of prevention and relief.This article mainly divides into four parts to the administrative omission of the public security organ in our country. The first part mainly theoretical analysis of the public security organ of administrative omission. First of all, through administrative omission related theory to define the concept of the public security organ administrative omission. Second, details the constitutive requirements of the administrative omission in the public security organ. Finally, the accurate definition of the public security organ for administrative omission, it conducted strictly distinguish with other related law category. The second part mainly elaborated the public security organ the practice of administrative omission forms and classifications. The third part mainly elaborated the public security organs administrative omission of legal responsibility. Based on the former two parts, this paper combined with the related provisions of existing laws in China, points out that China’s public security organs of administrative omission cognizance and bear legal responsibility. The fourth part mainly improving suggestions to the public security organ of administrative omission. Mainly from the perspective of legal system construction of the public security organ, the administrative relative person the angle of the relief way and the practice of the controversial case put forward views and suggestions.