Study On Perfection Of Internal Supervision System Of Public Security Punishment

Supervising the exercise of public power has not only been the research purport of public law studies,but also its historic mission.As a result of the criminal and administrative dual sanction system adopted in our country aiming at acts endangering the society,the objects adjusted by the system of public security punishment are inevitably involved in all aspects of social relations.Therefore,it has become a very characteristic and important part of The Socialist System of Laws with Chinese Characteristics.Perfecting of internal supervision system of public security punishment and normalizing the public security and administrative punishment are matters concerning the modernization of the nation's governance system and governance capability,and also the holistic approach to strengthening the rule of law in the country,in its government,and in society.This paper is based on the particularity of public security punishment and the necessity of its internal supervision.At present in China,public security punishment and other administrative punishment,as well as the criminal investigation power are under the same public security law enforcement supervision system instead of being specialized.In addition,public security punishment is the main carrier of police discretion.The objects of supervision should not only pay attention to legitimacy,but also rationality.Because of the objective limitations including the lack of professionalism and asymmetry of information,external supervision only possesses effect on lawful and obviously improper public security punishment,which makes internal supervision responsible for controlling and supervising discretion.Therefore,it is necessary to conduct thorough research on the internal supervision of public security punishment.Based on the research paradigm of normative law,this paper is divided into five sections to analyze the theme of perfecting public security punishment.The first part expounds the significance,methods and approaches of researching on the internal supervision system of public security punishment;and the second part introduces and defines the concept,theoretical basis and present situation of the internal supervision system of public security punishment;the third part analyzes the problems of the standard level and practice level of the system;in the fourth part,through introducing and comparing the police internal supervision system outside the territory,the enlightenment of perfecting the internal supervision system of public security punishment in China is drawn;and on the basis of the above analysis and combining with the practice of public security punishment in China,the fifth section puts forward the general principle,the mode as well as the perfect conception of the concrete norm of the internal supervision system of public security punishment.