Study On The Practical Problems And Improvement Of Public Security Organs' Administrative Summons

With the rapid advancement of China's big data era and the continuous deepening of the process of law-based governance and administration,people's life patterns and cognitive styles have undergone subversive changes,showing their unprecedented enthusiasm for the attention and participation of social hot spots.Subsequently,the public opinion involving police or law has become the top focal point of the major network media.Therefore,the legality and the effectiveness of police law enforcement,as well as the right guarantee of law enforcement legitimacy,have become major problems facing the public security organs at present.The application of administrative summons of the public security organs has been pushed to the forefront.The main purpose of administrative summons which has its own name and relevant provisions in countries under the rule of law,but no detailed provisions on its legal nature and attributes in their legal system is to let the administrative subject find out the truth of the case and to summon specific persons to designated places so as to conduct inquiries or investigations.In the United States,the Federal Administrative Procedure Act stipulates that administrative agencies,in accordance with the relevant laws,has authority to issue specific summons,however,in our country,although the current Laws,such as Public Security Administration Punishments of the People's Republic of China,the Administrative Enforcement Law and the Provisions on Procedures for Handling Administrative Cases by Public Security Organs,stipulate in different levels that the acts violating the administration can be summoned to investigation and summarize rules,they definite no specific summon properties.And the Administrative Reconsideration Law,the Administrative Procedure Law and the State Compensation Law have no reference to the legal remedy of administrative summons.For this subject,the author has studied a large number of literature and materials of domestic scholars who conducted intense discussion,but few scholars have studied the nature,attribute and application scope of administrative summons.Both The Legal Nature of Administrative Summons by Wu Yonghong and The Legal Nature and Control of Administrative Summons by Guo Yong just studies and expounds the legal nature of administrative summons.Although The Public Security Summons from the Perspective of the Rule of Law systematically studies the norms of China's public security summons system,mainly focusing on the attribute of mandatory summons,it does not give comprehensive Suggestions for improvement.Legal Governance of the Abuse of the Power of Public Security Summons by Hong Xi can be said to be a relatively comprehensive study and analysis of the concept of public security summons,legislation,relief and other issues,but it neglects its applicable standards and scope.Therefore,the correct application and improvement of administrative summons still deserves serious exploration.This paper will discuss how to apply and perfect administrative summons reasonably from the international and domestic extensive perspectives.This article,by the way of the administrative subpoenaing of the local public security office,is to investigate the different concepts of the executive subpoenaed,and how to understand the nature of the administrative subpoenaing,the administrative subpoenaing of the law,the power of the administrative subpoenaing,the power of the administrative subpoenaing,and the "the power of the executive subpoena",and the idea of how to properly understand the use of the police force and to perfect the administrative subpoena,and to safeguard the police to investigate the evidence,and to protect the legal rights of the citizens in accordance with the law.