Research On The Application Of The Principle Of Proportion In Public Security Management Punishment

Public security organs are armed national security administration agencies.The increasingly complex social security environment determines that they must quickly and efficiently deal with specific situations in the practice of law enforcement activities.Public security management punishment is an important part of the administrative enforcement power of public security organs,and has the closest relationship with the public.Judging from the current state of law enforcement in my country's public security organs,due to the risk of expansion of discretionary powers,there are still unreasonable security management penalties,which damages the public interest,infringes on the legitimate rights and interests of individuals,and affects the credibility of law enforcement by public security organs.The principle of proportionality includes three sub-principles,namely the principle of appropriateness,necessity and proportionality of legal interests,which can effectively regulate and control the discretionary power of public security organs in terms of purpose,means and benefit measurement,reduce arbitrariness in law enforcement,and ensure fairness in law enforcement.Although the relevant legislation on public security management punishment reflects the spirit of proportionality principle,it still does not clarify the status of the principle of law;the law enforcement link is directly related to the vital interests of the people.In reality,there are often news media abuses of discretionary power in public security management law enforcement,which are serious Damaged the credibility of the law enforcement of the public security organs and the image of the country;when the court was reviewing the case,some judges were not motivated to apply the principle of proportionality and there was a risk of improper application.This article first analyzes the origin and specific content of the principle of proportionality in detail,expands the connotation and extension of public security management punishment,and discusses the application of the principle of proportionality in public security management punishment from three aspects.The necessity of the second,through the theoretical analysis and examples,the three sub-principle of the principle of proportionality in the public security management punishment;the analysis of the existing problems of the proportionality principle in the application of public security management punishment;finally from the relevant legislation,law enforcement and The three aspects of the judiciary put forward specific and comprehensive measures,such as directly incorporating the principle of proportionality into the legal principles in legislation,setting a benchmark for punishment in public security management;strengthening internal law enforcement supervision in law enforcement,and using administrative detention and prohibitive punishment measures carefully in the pursuit of personal interests and Finding the balance of punishment in maintaining public order.In the judicial field,it is possible to innovate a multi-angled review and trial system that applies the principle of proportionality.The defendant conducts trials based on three sub-principle's evidence and plays a guiding role in discretionary judgments.An authority on Administrative Penalties for Public Security Normative provide a theoretical reference.