| Civil aviation public security departments are under dual leadership.In view of the importance of air defense security,the policy guidance of administrative law enforcement has the characteristics of being strict,serious and quick in handling all kinds of illegal acts that endanger the order of civil aviation transportation.However,too strict policy guidance is likely to lead to "one size fits all" law enforcement,which violates the principle of fairness and justice,and does not meet the rule of law goal of combining leniency with severity.Through analysis,it is found that there are three problems reflected by the masses in practice.First,minor violations have been subject to heavy administrative sanctions.Second,some illegal acts that are less harmful with the development of social economy will be strictly punished.Third,the administrative counterpart missed the planned flight due to law enforcement,which does not conform to the administrative principle of efficiency and convenience.The understanding and support of the masses to the law is the guarantee for the effective implementation of the law.Simply relying on deterrent sanction cannot guarantee the implementation of the laws,regulations and systems.On the contrary,it is easy to cause public resistance,which is also contrary to the original intention of administrative management."First violation of impunity" system was born in China’s administrative law enforcement practice,and has been explored in the fields of taxation,traffic and public security,reflecting the concept of people-oriented law enforcement,with a distinct people’s nature.Paragraph1 of Article 33 of the Administrative Punishment Law,which was amended and adopted in 2021,clarifies the rules of non-punishment for minor violations and the rules for the first violation of the law,which provides a legal basis for "first violation of impunity" system,and also provides an idea for the civil aviation public security administrative law enforcement dilemma.Most of the common violations in civil aviation public security law enforcement have the characteristics that they will not be committed again after being corrected and generally no factual harmful consequences have occurred,so they belong to the category of "First violation of impunity".Exploring the application of "First violation of impunity" in the field of administrative law enforcement of civil aviation public security is not only a necessary requirement for the construction of law government,a necessary measure to optimize the business environment,implement law enforcement for the people,but also a way to maintain a balance between administrative sanctions of civil aviation public security and protection of people’s rights and interests,and to solve the current law enforcement dilemma of civil aviation public security.It is also an innovative way to achieve "people-oriented law enforcement" and "efficient and convenient for the people".In the current practice of the civil aviation public security system of "First violation of impunity",there are some problems such as too abstract applicable norms,lack of procedural norms,and careless law enforcement management and supervision system,which lead to the bad situations such as the police dare not use,can not use,excessive application,and "teaching only" in law enforcement practice.In addition,By comparing practices in different areas,there are also legislative conflicts,lack of legal cohesion,improper educational methods,and lack of protection for the rights and interests of other parties.In view of the above problems,the article tries to combine the work practice of the civil aviation public security administrative law enforcement department,and puts forward suggestions and opinions on the practice of the "First violation of impunity" system from the aspects of improving the formulation of rules,the mechanism of rule implementation,the restriction and supervision in the process of rule implementation. |
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