The Norm Construction Of Administrative Detention Hearing System

Administrative detention is an administrative punishment made by public security organs to maintain social order,which aims at restricting citizens’ personal freedom in a short time.As the punishment measure that has the greatest influence on the rights and interests of citizens,the administrative detention system should have the legitimacy and rationality basis of procedural justification in the setting of procedural norms.However,our legislative and practical circles have been firmly adhering to the idea of "efficiency first",excluding administrative detention punishment to apply the hearing procedure,which is contrary to the legal idea of respecting and protecting human rights.Centering on hearing,it is an important measure to reconstruct the procedural safeguard mechanism of administrative detention,which has great theoretical and practical significance.From the perspective of empirical analysis,based on the implementation status of administrative penalty hearing in Shanghai from 2020 to 2022,this paper finds that there are mainly the following "sticking points" in our administrative detention system: first,the implementation effect of the existing deferred execution system is not significant;Second,the phenomenon that the public security organs exercise the power of administrative detention at will has not been improved;Third,the public security organs have a dilemma when making the decision of administrative detention.From the perspective of norms,the constitutional basis of including administrative detention into hearing conforms to the right of personal freedom as a basic right;At the same time,the hearing procedure sets up a rational communication platform for the administrative subject and counterpart,which can promote the improvement of law enforcement efficiency in the long run,so as to dispel lawmakers’ concerns about the conflict between justice and efficiency value.The hearing of administrative detention is a legal system in which the public security organ informs the counterpart of the cause of punishment and enjoys the right of hearing according to law before making the decision of punishment.The purpose of constructing this system is to restrict the power of the public security organs,restrict the arbitrary exercise of the right of detention,and protect the procedural rights and interests of citizens to the greatest extent.With the improvement and development of our hearing system,under the background of the practice of administrative law enforcement,it is necessary to integrate advanced system experience of foreign countries about hearing to meet the needs of our law enforcement,including: change the traditional "adjudicatory hearing" single thinking,and borrow.