The Empirical Research Of Conflict Between Public Security Administrative Licensing Rights And Civil Rights

At present,the awareness of civil rights continues to improve,the exercise of public security administrative license should also be more standardized to meet the requirements of citizenship.The topic of this article comes from Tsinghua University Professor Yu Lingyun 2015 Ministry of education philosophy and social science major research topic: "rule of law in China under the background of the construction of police power".Public security administrative authority,as a public power,is essentially derived from the transfer of private rights,by restricting certain citizens and organizations to engage in certain activities in specific areas to achieve national,social interests and personal and organizational interests Balance,in order to achieve the role of stable order.In the public security administrative license,the citizenship is pursued by applying for public security administrative license to meet their own production and life and other aspects of the interests.Public security organs in the exercise of public security administrative license,due to the lack of legal system requirements,law enforcement officers on the slack of thinking,practice difficult to operate and other reasons,often with the civil rights conflict.This paper uses the contradictory analysis,the literature analysis method,the induction method,the comparative research method and so on.Through the typical case of the conflict between the administrative license right and the citizen right,this paper summarizes the conflict between the administrative license right and the civil right and clarifies the conflict between the two This paper puts forward reasonable legal opinions and suggestions on resolving the conflict between administrative license and civil right,and fully protects the scientific and effective operation of public security administrative license and reasonably protects citizenship.The realization of.The full text is divided into three parts:The first part puts forward the research content of this article: the conflict between public security administrative license and citizenship.According to the contents of public security administrative license,the administrative administrative right of public security is divided into seven categories.By collecting typical cases of public security administrative license and civil rights conflict,the basic aspects of public security administrative license and citizen's conflict are summarized,and the administrative license and citizenship The basic performance of the conflict.The second part combines the typical cases,basic aspects and basic manifestations of the conflict between administrative license and citizenship,and explores the reasons for the conflict between administrative license and citizenship.The author finds that the reasons for the conflict between the administrative license and the citizenship are mainly concentrated in three aspects: the lack of legislation,lag and imperfect law,the abuse of the public security organs,the abuse of discretion,the illegal procedure,the lack of transparency and the subsequent supervision Lack and neglect.The third part of the legislative,law enforcement,supervision of the three aspects of public security administrative licensing and civil rights conflict to solve the problem of legal advice: legislation on the establishment of strict administrative and administrative licensing,law enforcement unified public security administrative licensing standards,The administrative license of public security administrative supervision,in order to achieve the public security administrative license and the peaceful operation of citizenship.The author believes that the administrative license of public security involves all aspects,and most of the basic practice of citizen life.The relationship between the administrative license right and the citizenship right of the public security administrative authority and the citizenship right may have the result of the damage or even the loss of the citizens' rights and interests.To solve the conflict between the administrative license and the citizenship of public security,standardize the exercise of the administrative license of public security and ensure the realization of citizenship,which plays a vital role in the establishment of order,social stability and national stability.