Study On The Identification Criteria Of The Police Administrative Omission

President Xi Jinping,also general secretary of the Communist Party of China(CPC)Central Committee and chairman of the Central Military Commission demanded the general requirements for public security work in the new era,which is faithful to the CPC,serving the people,enforcing the law strictly and acting with highly discipline,on the Commendation Conference for the Meritorious Performance of Heroes and Role Models of National Public Security System on May 19,2017.However,administrative omissions often exist during the law enforcement by the police,which running counter to the above general requirements.The paper intends to study the identification criteria of the police administrative omission from four parts.The first part focuses on the basic theory of the police administrative omission.The paper defines the concept of the police administrative omission in the first place,by analyzing relevant theories of administrative omission,and summarizes the typical characteristics of the police administrative omission.Then,it interprets the concept of the police administrative omission by means of comparation between the police administrative omission and the general administrative omission.This part also sets forth the necessity of studying the identification criteria of the police administrative omission,by recognizing the hazards of police administrative omission.The second part elaborates the constitution of the identification criteria of the police administrative omission by defining the above identification criteria.In accordance with the elements of the police administrative omission,including but not limited to the subject,with the obligation to act,with the ability and condition to act,and the failure to act,this part analyses the police administrative omission from the perspective of identification criteria.In the third part,the status quo of the identification criteria of the police administrative omission has been set forth.The deficiencies and problems remaining in the current identification criteria shall be found during the law enforcement by the police after the fully understand of the constitution of the identification criteria of the police administrative omission,which,shall be the practical significance of the research on it.The research will have the right direction and practical recommendations will be suggested,provided that the current situation of the identification criteria of the police administrative omission has been understood profoundly.The fourth part of this paper provides several recommendations on the improvement of the police administrative omission.Based on the theoretical analysis and the actual situation,this part recommends the following four suggestions:(a)improving relevant procedures and regulations;(b)establishing identification standards of nonfeasance;(c)defining the supervisor of the police law enforcement;and(d)reasonably constructing the accountability mechanism of police administrative omission.The police administrative omission cannot be solved immediately.It will emerge in some new forms along with the development of the times.The paper intends to fill in the theoretical gaps of the police administrative omission from the perspective of combining theories with practice,in order to perfection the identification criteria of the police administrative omission and to protect the police law enforcement from the adverse effects of police administrative omission.