Research On The Problems Of Administrative Detention

In the process of building a society of rule of law today,the regulation of administrative power is especially important.Administrative detention is an administrative punishment method for public security organs at or above the county level who violate the law of public security administration.On the one hand,the administrative punishment system that restricts the personal freedom of citizens within a certain degree of administrative detention can play a role in maintaining public security.On the other hand,since this system directly points to the basic rights of citizens' personal liberty,it is necessary to impose reasonable restrictions on this system,whether it is legislation or justice.Such restrictions include the main body of administrative detention under the existing model.Specificity,content legality,etc Appropriate and lawful application of administrative detention system,is useful to maintaining social harmony and stability,to enhance social security,to protect the safety of citizens' personal and property,and to shock crimes.However,there are also many problems in administrative detention.There are defects in the system setting,and there are also shortcomings in practice,Based on the problems existing in administrative detention,this paper puts forward suggestions and countermeasures for the system improvement and practical operation of administrative detention in combination with the experience and lessons in administrative practice.This article is divided into four partsThe first part introduces the basic concept of administrative detention system.This part analyzes several characteristics of the administrative detention system:the legality of the establishment,the compulsory of the person,and the specificity of the subject.And compare the difference between administrative detention and judicial detention and criminal detention The second part analyzes the problems existing in the administrative detention system in China from the aspects of legislation,law enforcement and supervision.It points out the lack of administrative detention hearing system and the lack of juvenile crimes.The statement and defense system are vacant,and the suspension of enforcement system is lacking.Operational law enforcement issues,as well as problems with law enforcement oversight.The third part compares the foreign administrative detention system.The fourth part puts forward suggestions on the problems of the administrative detention system proposed in the previous article from the aspects of legislation,law enforcement and supervision.This includes introducing an administrative hearing system in legislation,reducing the age of administrative detention,improving the statement and defense system of administrative detention in law enforcement,enhancing the operability of the suspension of enforcement system,and strengthening the supervision system from both internal and external aspects...