Study On The Establishment Of Administrative Detention Hearing Procedure System

At present,there are a number of cases in the society where the personal freedom of citizens is damaged because of the abuse of administrative detention rights,and many problems have arisen.Abuse of administrative detention rights not only damages the personal freedom of citizens,but also violates other citizenship rights,including the right to life and health.There are many ways to restrict and limit administrative detention rights,and procedural constraints and restrictions are one of them.Although the procedural provisions on administrative detention in China have been relatively perfect,the most important hearing system is lacking.In contrast,when the public security organ enforces other administrative penalties,the hearing procedure can well control the abuse of administrative punishment by the public security organs,and it can also provide adequate protection for the legitimate rights and interests that the parties should have.As the most severe administrative punishment method of public security organs,administrative detention is also a prominent administrative tort.It should be included in the hearing procedure,which promotes the scientific and democratic development of public security administration and enhances the efficiency of public security administrative law enforcement.It plays an important role and has far-reaching significance for the construction of public security and law enforcement.This article is divided into four parts:The first part is the definition of the administrative detention hearing procedure.Through the analysis of the concept and characteristics of administrative detention and hearing,the administrative detention hearing was clearly defined.The second part is the analysis of the necessity of constructing the administrative detention hearing procedure system.They are discussed in terms of administrative efficiency,human rights protection,legal conflicts and institutional advantages.The third part is the feasibility analysis of constructing the administrative detention hearing procedure system.From the perspective of jurisprudence,legislative perspective,practical perspective,and extraterritorial experience.The fourth part is some suggestions for the author to construct a system of administrative detention hearing procedures.By establishing the appropriate body for initiating the administrative detention hearing procedure,establishing an independent and neutral administrative detention hearing moderator system for the hearing moderator,determining the legal effect of the administrative detention hearing record,establishing the exclusive principle of the case file,and establishing an administrative detention hearing agent system.Countermeasure is proposed in various aspects such as human hazard control.