Study On The Establishment Of Administrative Detention Hearing Procedure System

The right of personal freedom is a basic right of citizens in our constitution,but in the procedure of administrative punishment,the Provisions on administrative detention,warning,fine and revocation of permits issued by the Public Security Bureau are basically the same in China’s law on administrative penalties for public security,which does not reflect that citizens’personal rights should be specially protected by the constitution and the law,ignore the particularity of personal freedom.The right of personal freedom is a fundamental right which is protected by the Constitution and is universally recognized by all countries in the world.Therefore,it must be examined by the court before a ruling restricting the right of personal freedom is made,this is the lowest requirement for administration according to law which is universally agreed by all countries.The legislator thinks that our country is in the social transformation period at present,the illegal question is relatively many,therefore through establishes the administrative detention punishment to achieve the limit citizen personal freedom the goal.However,the legislators did not consider the particularity of the punishment of personal freedom properly and did not set up the hearing procedure of administrative detention.Since administrative detention deprives citizens of their basic rights,it is necessary to apply the punishment of administrative detention more carefully and to grant citizens the right of procedural relief.Hearing refers to the need to fully listen to the executive branch when an administrative decision will have an adverse impact on the rights and obligations of the counterpart.This very important legal system,which meets the requirements of scientific legislation and democratic law enforcement in all countries of the world,has become a basic provision of the administrative procedure laws of all countries in the world,it is an important measure to modernize the country’s governance system and capacity,and fully reflects the country’s respect for citizens’opinions.The first part is the definition of hearing procedure of administrative detention.By analyzing the concepts and legal characteristics of administrative detention and hearing,the hearing procedure of administrative detention is defined.The second part is the reasons and difficulties of hearing procedure not applicable to administrative detention in China.From different angles,this paper discusses the reasons and difficulties that the hearing procedure is not applicable to administrative detention in China.The third part is the necessity and feasibility of constructing the hearing procedure of administrative detention.This paper discusses the necessity and feasibility of constructing administrative detention hearing procedure from different angles.The fourth part is the countermeasures of constructing the hearing procedure system of administrative detention.The author puts forward the countermeasures of constructing the hearing procedure system of administrative detention from many angles.