| Police administrative summons is a kind of investigation method widely used in the process of police administrative law enforcement,which is often regarded as one of the necessary procedures for investigation in police stations.However,many police officers have different understanding of the legal nature of administrative summons,and there are also deviations in the use conditions,object scope and the use of compulsory summons.Even when summoning the administrative counterpart,some police officers are not clear that the measures taken are summoning.As a result,there are a lot of irregularities,some of which even form hot news in the society,causing strong indignation of the public and greatly affecting the image of law enforcement of public security organs.This long-term idea of inertial law enforcement needs to be improved under the concept of modernization of national governance and legalization,especially when this administrative act involves restrictions on the basic rights of citizens-the right to personal freedom,which need us to pay more attention how to standardize the exercise of power in the process of law enforcement.In recent years,many citizens have brought a lawsuit to the court because they thought the police summons illegal.There are 115 cases directly prosecuted against police summoning behaviors,with 202 judgments and rulings in total,which can be found on the official document website and Peking University's Fabao website.However,judging from the result of the judgment or ruling,the court has a dispute on whether the summons can bring a lawsuit alone.Some cases are normally filed and tried,but a considerable proportion of cases are directly dismissed or ruled not to be filed,resulting in some cases unable to enter the trial procedure,thus people can't fully protect their legal rights through judicial means.The most important reason for rejecting the prosecution is that some judges believe that summons is not an independent and mature administrative act,but a process act in the investigation stage,which has no impact on the rights and obligations of the administrative counterpart,so it is not necessary to be included in the scope of administrative litigation.The main reason for this difference is that the law does not clearly identify the legal attribute of the administrative act of police administrative summons,especially the administrative compulsory law does not clearly define the specific acts of administrative compulsory measures restricting personal freedom.In addition,there are also disputes on the legal nature of administrative summons in academic circles,such as administrative order,administrative investigation,administrative enforcement,etc.It is the divergence of this theory and the imperfection of legal provisions that lead to the controversy on the actionability of summons.Under these circumstances,it is necessary to explore and clarify the legal attribute of police administrative summons.In fact,no matter from the perspective of the concept of typed administrative act,or from the way of behavior involving the strength of police force in the practice of summoning,especially in combination with the nature of administrative coercive measures,police administrative summoning will have an impact on the substantive rights and obligations of the administrative counterpart,especially in the time of personal freedom,the degree of space restriction and strong psychological pressure on people.Therefore,it is more in line with the spirit of legislation to define the legal attribute of summons as an administrative compulsory measure that restricting personal freedom.On this basis,we can combine the unique characteristics of the police law enforcement,such as timeliness,strong intervention of basic rights,to improve the relevant administrative laws and regulations,so as to achieve the protection of the rights of the administrative counterpart,and more standardized the law enforcement behavior of public security organs,not only police summons. |
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