The Research On Regional Jurisdiction Of Administrative Punishment Of Public Secutity Organs

Administrative penalty refers to a kind of legal sanction given by administrative organs to administrative counterparts who violate their obligations under administrative law in order to maintain administrative order.The jurisdiction system of administrative penalty is related to the efficiency of administrative organs in exercising the power of punishment and the legitimate rights and interests of the parties concerned.The Administrative Punishment Law is the legal basis for administrative organs to exercise the power of punishment.Article 20 stipulates the content of the principle of territorial jurisdiction,which is more general and simple than the provisions of criminal jurisdiction.Public security organs,as administrative organs,enjoy the power of administrative punishment according to law.Article 7 of the Law on Administrative Penalties for Public Security opens a "mouth" for public security organs to determine their jurisdiction.Article 9 of the Provisions on Procedures for Handling Administrative Cases by Public Security Organs,formulated by the Ministry of Public Security in 2002,creatively puts forward the jurisdiction principle of "the place where illegal acts occur" on the basis of the jurisdiction principle of "the place where illegal acts are discovered" in the Administrative Punishment Law.The Provisions on Procedures for Handling Administrative Cases by Public Security Organs have been amended three times in 2006,2012 and the latest 2018,each time with more or less amendments to the principle of territorial jurisdiction.Each revision is a response to the disputes over the principle of territorial jurisdiction in theory and practice.It not only improves the efficiency of administrative law enforcement of public security organs,but also strengthens the people's understanding of the provisions of territorial jurisdiction.In the revised "Provisions on Procedures for Handling Administrative Cases by Public Security Organs" in 2018,the rules of territorial jurisdiction are supplemented.For the first time,the meaning of "illegal place" is explained in detail in the provisions.In addition,in view of the two major disputes over jurisdiction of network violation cases and administrative cases on passenger cars in practice,Articles 11 and 12 have been added respectively,which are expanded provisions on the rules of territorial jurisdiction.This revision is a significant improvement of the theory of the rules of regional jurisdiction.It will help the people better understand the relevant jurisdictional issues in future practice,reduce the occurrence of such disputes,and further clarify the jurisdictional attribution of public security organs and prevent the abuse of administrative punishment power.The rule of territorial jurisdiction is the principle of priority application in the rule of jurisdiction,while the rule of residence jurisdiction is the auxiliary rule.In practice,due to the ambiguity of the criteria and procedures for applying the rules of jurisdiction of residence,such disputes frequently occur.In most cases,the reasons for the application of the court's ruling are also often lack of convincing basis.The author sorted out the cases involving such disputes,and took the representative cases of abnormal petitions in practice as an example to make a summary and analysis of such cases.It is believed that more procedural issues should be involved in choosing the jurisdiction of residence,and some criteria should be put forward in combination with specific cases to solve the conditions under which the public security organs can apply the jurisdiction of residence.Specifically,the situations that do not apply to the jurisdiction of the place of residence are: the public security organs in the place where the violation is committed have no transfer procedure,and the public security organs in the place where the violation is committed have no transfer procedure.The case applicable to the jurisdiction of the place of residence: the public security organ in the place where the violation is committed has no transfer procedure.The above criteria for judging a case can be helpful in deciding the application of jurisdictional rules in practice.