Abstract procedural law as the mast top, Hull slightest movement will also make a strong swing.Seen that procedural justice is important. Recent years, China's continuously push forward the process of legalization, the program the law again been widespread concern in society as a whole. important laws. << Public Security Administration Punishment Law >> one to maintain public order, the protection of public safety, to regulate public security organs and the police to fulfill the law and order management duties also apply to minors, but there are still some procedural problems, easily lead to abuse of judicial power, so that the rights of minors is not a comprehensive maintenance Firstly clarify some basic concepts, then gradually analyzed and summarized the research program of minor public order cases.
Paper Keywords administrative procedures law and order in cases of procedural justice
, Procedures, legal procedures and the understanding of the administrative procedures
Any social form of public management powers by certain rules of procedure to run the administrative procedures is one of the proceedings, the proceedings in a modern society in addition to the program itself has a technical meaning, has also been given regulate power legitimate exercise and protection of human rights means in real terms is a due process of law. the one hand, the program contains technical rational factors, on the other hand, the program most directly related to the public interest demands citizens to face the most direct administrative power, the most important power guarantee mechanism. understand the connotation of the administrative procedures, need to grasp a few points:
First, the program performance for the process, from program start to finish. Somewhat long process is composed by a number of short process, and therefore a big program, including a number of small programs. Administrative penalty procedures contained in the hearing, the hearing itself is also a program .
Second, the program has a purpose that people choose to start a program, determine what people choose or default which procedure is always in order to achieve a certain goal.
Third, the program has selective in order to achieve a certain goal, it is necessary to select or preset certain procedures. However, although the goal of the decision to choose, select or default will also affect how well achieve the target. Both influence each other. different goals to choose different procedures to be done, but there are also likely to use the same program to accomplish different goals. individuality and differences of the former program, which reflects the commonality and unity of the program.
Program objectivity to achieve a specific goal, it is necessary to choose the best and fastest to reach the goals of the program, this program is not a subjective act, but must meet the objective laws of things to do. Subjective select the default the extent consistent with the objective requirements, this is science.
<< Public Security Administration Punishment Law >> also belong to the scope of administrative law, administrative law procedures applicable Security Administration Punishment Law connotation, just the specific content of the program has its special provisions.
So-called proceedings, refers procedural rules prescribed by law, the program is called the proceedings enjoy the program, the subject of the proceedings to fulfill program obligations. Obligations if the obligations of people do not travel to the statutory procedures, need to bear some liability after the end of the proceedings run often the result of a legal entity, the Law on the term "program" is often associated with the "entity" symmetrical refers to follow certain steps, time and the order to do legal decisions in the process. program concerned with the formation of the decision process, and entity concern is the content of the decision due to the implementation of the principle of autonomy of the activities of the private law, the civil subject between the two sides does not exist domination and relations of domination, the general law not make the mandatory provisions of its activities program in the field of public power, public power mandatory, if the to abuse vulnerable to violations of civil rights, therefore, the law often right to exercise the program to make clear that, in order to ensure the exercise of the right to rational and just., legal proceedings in respect of the terms of its normative object, mainly public authority. corresponding modern state power, separation of legislative, administrative and judicial powers, modern legislative process proceedings, administrative procedures and proceedings .
Divided proceedings, more appropriate standards and administrative procedures as one of the proceedings, the administrative power to run the program, specifically referring to the administrative organs exercise their administrative rights, the right to program specification to make administrative action followed , steps, time, and the sum of the sequence. sometimes administrative organs to implement the administrative act can not be separated from the the administrative relative participation behavior, therefore, the administrative counterpart indispensable participation in the program is also the administrative procedures of administrative acts. the administrative procedures connotation from the following point to grasp: first, administrative procedures is the executive powers of the running program. administrative procedures the executive procedures of the administrative act. third elements of the administrative procedures include: ways, steps, time and order. fourth the results of the administrative procedures to develop administrative regulations, rules and other normative documents, or to make executive decisions. fifth administrative procedures is a legal process. Judging from the types of administrative procedures, according to different criteria and administrative procedures are divided into abstract administrative behavior of the program and the specific administrative act procedures, this article only study << Security Administration Punishment Law >> there are specific procedures.
Second, the law and order in the minors case procedure
From << Security Administration Punishment Law >> content point of view, The procedures are divided into penalty procedures and supervisory procedures. Punishment procedures to understand from the point of view of the broad and narrow generalized punishment procedures on Administrative Penalties for Public Security Act all procedures can be understood narrowly decided to relative administrative penalties for public security procedures, and that the decision procedures this article from administrative penalties for public security is a broad research program.
<< Security Administration Punishment Law >> punishment procedures detailed provisions. Summoned ask, forensics, ruling procedure makes provision, under the jurisdiction of the case, the type of evidence, the seizure of illegal goods Security Case basic procedures to make the specification. 3 also provides that, "Public Security Administration Punishment procedures, applicable provisions of this Act, this Act does not provide for, apply >> << Administrative Punishment Law of the People's Republic of China, the relevant provisions of such provisions to ensure that the procedures followed by the public security organs should be made by the public security punishment are based on the law. << Public Security Administration Punishment Law >> procedures prescribed, but it is not only applicable to the minors, some programs on minors do not apply, the article only examine cases involving minors law and order program. law and order punishment procedures: law and order mediation, administrative bundle, summoned with inventory, inspection, seizure, confiscation and collection spot penalty procedures, general procedures, hearing procedures , fines and detention of execution, which this study involving minors program the following: law and order mediation, summons and interrogation, detention, execution.
<< Security Administration Punishment Law >> program on the application of the minors
Said the law on the legal principles applicable to broad and narrow, a broad application of law refers to the activities of state organs and their staff, social organizations and citizens to achieve legal norms. Law applies in this sense is generally referred to as the implementation of the law the narrow legal applicable state organs and their staff in accordance with its terms of reference to legal norms applied to the activities of specific matters has jurisdiction unspecified organs and judicial officers in accordance with statutory legal norms applied to the activities of specific cases. The law applies in this article refers to the application of law in the narrow sense.
<< Security Administration Punishment Law >> Article 2 applies to the behavior of objects makes provision for short, applies to the behavior of the object is the illegal behavior of public security management is simply more chaotic public order, is detrimental to public safety, assault and battery Lee property rights against social management, social harm is not serious enough for criminal punishment behavior. adjust the behavior of objects on the difference between the old and new law, the Ministry of Public Security issued on January 2006 <<< People's Republic of China Public Security Management Punishment Law> publicity outline >> explicitly mentioned: the violation of public security administration from 73 to the current 238 kinds, basically alleviate version of the type of crime.
Minors is a special group, the state attaches great importance to the minors in all aspects of training, attention to the protection of the legitimate rights and interests of minors. << Security Administration Punishment Law >> the provisions of Article 12: the age of 14 in violation of law and order management, not punishment, but his guardian shall be strict discipline. dissatisfaction of the full 14 years of age of 18 years in violation of public security management, a lighter or mitigated punishment.
Ability to minors under 14 years of age, is still in the teens, social knowledge, no ability to foresee the consequences of their own behavior, nor liable for violation of public security management of these minors, mainly education make it right from wrong no longer be given a starting more conducive to its growth but not punishment is not equal to the laissez-faire attitude to his guardian shall be strict with him, in order to prevent its continued danger to society.
For the full 14 minors under 18 years of age taking into account that they have some control over the discrimination, but also in the growing, their ideas are not yet fully mature. Taken of such minors should lighter or mitigated the provisions of "lighter" refers to behavior based on acts of violation of public security management practices should be given on Administrative Penalties for Public Security, in the punishment magnitude of this file, choose the lighter or lightest punishment, such as this provisions, acts of gang brawl should be given 10 days detention for more than 5 days, then the age of minors violations given 6 or 7 days detention is the lighter of the processing. "lighten" is the under the perpetrator acts violating the administration should be given on Administrative Penalties for Public Security, the next file punishment within the range of this file punishment given to order punishment.
In addition, the provisions of << Security Administration Punishment Law >> 21 should be given administrative detention punishment, but does not perform the administrative detention punishment of the four statutory circumstances. Including two minors as "fourteen years of age under 16 years of age "and" full sixteen and eighteen years of age, the initial violation of public security management. "There are several points to note: the perpetrator's behavior has violated the law and order management applicable to the above requirements, and << Security Management Act> > for the act provides for the punishment of detention, and from the violations heat of illegal activities, harmful consequences considerations should be given administrative detention for illegal body in only four cases of the provisions of this article was not detained and, apart from the should be performed outside, in this section, four cases of violation of public security management behavior, the requirements should be given administrative detention for punishment responsibility of the perpetrator is not prosecuted if the perpetrator of the illegal detention by law outside other penalties are still to be executed << public security organs in 2006, the Ministry of Public Security issued under the Handling Administrative Cases >> 140 provides: "Violations of the following circumstances, in accordance with the law should be given administrative detention for, it should be make a decision on punishment, but not served the detention center to perform: (a full 14 years of age under 16 years of age (the full 16 years of age under eighteen years of age, the initial violation of public security management, or other public security administration << Public Security Administration Punishment Law >> specific applicable provisions, but does not perform administrative detention, does not mean that the measures are not taken. explain based on the issues related to the implementation of the People's Republic of China on Administrative Penalties for Public Security Act> << public security organs> 5 police station should be punished residence in conjunction with the person being penalized their units, schools, families, Habitat (villagers' committees, minor conservation organizations and relevant social groups, assistance and education.
<< Security Administration Punishment Law >> not individually apply to minors, but both suitable for adults, but also applies to minors., I hope through the procedures << Security Administration Punishment Law >> analysis, especially for minor procedure applies analysis, caused concern << Security Administration Punishment Law >> minors strengthen << Security Administration Punishment Law >> research and the protection of minors.Links to free papers Download Center http://eng.hi138.com