The Application Of The Principle Of Proportion In The Public Security Administrative Litigation

In some administrative legislation of our country,there are legal norms that reflect the spirit of the principle of proportionality,and many scholars have conducted in-depth research and discussion on the theoretical problems of the principle of proportionality,but these legislation and theories rarely involve the research on the application of the principle of proportionality,especially in the field of public security administrative litigation.Public security punishment has a wide influence on the rights of citizens,both in the social governance structure and in the punishment system occupy an important position.Therefore,in order to promote the effective settlement of public security administrative disputes,we should pay attention to the function value of the principle of proportionality in regulating police administrative law enforcement and strengthening judicial review and supervision.At present,the research on the principle of proportionality is not mature and needs further development.Faced with the double dilemma of theory and practice,this paper,based on the case empirical study,makes a statistical analysis on the application of the principle of proportionality in the public security administrative litigation,and puts forward some corresponding countermeasures and suggestions.This paper analyzes this through five parts:The first part is the introduction.The background and significance of the topic selection of this paper are systematically expounded in a concise language,comb the main viewpoints of the current academic theory,the qualitative and quantitative analysis was carried out.At the same time,the main research methods and innovation points of this paper are introduced.The second part is the basic theory of the principle of proportionality.Explain the origin of the principle of proportionality,analyze its basic connotation.at the same time,the proportion principle and three sub-principles are introduced,demonstrate the interrelationship between them,discusses the value of proportionality principle in the public security administrative litigation.The third part is the current situation of judicial application of the principle of proportionality.In this paper,the cases retrieved from China Judicial Document Network are taken as samples for statistical analysis,the present situation of judicial application of the principle of proportionality is empirically studied from the number of cases,put forward the subject,the application of the field,examination standards,judgment results and so on.The fourth part discusses the dilemma of the judicial application of the principle of proportionality.It mainly includes the absence of the principle of proportionality in the legislative structure,the lack of understanding of the principle of proportionality by judges,and the absence of judicial supervision and review mechanism.The fifth part discusses how to perfect the application of the principle of proportionality in China’s public security administrative litigation.By analyzing the current situation of judicial application of the principle of proportionality,the author analyzes the existing problems,and puts forward some suggestions such as perfecting the legislative structure of the principle of proportionality,perfecting and popularizing the administrative trial case guidance system,and constructing the judicial review system of proportionality.By classifying the intensity and standard of judicial review of the principle of proportionality,the burden of proof is optimized and the scope of judicial application of the principle of proportionality is restricted,so as to perfect the judicial supervision and review mechanism.