Abstract With the continuous economic and social development, social contradictions have become increasingly prominent, public security organs administration is increasing. At present, China's public security administrative law enforcement and supervision are in the perfect stage, despite the initial formation of the internal supervision and external supervision of the monitoring system, but there are still no clear supervisory body to oversee the program imperfect, monitoring mechanisms need to be further improved.
Paper Keywords administrative law administrative law according to police oversight mechanisms
With the continuous development and progress of the administrative system is also undergoing change, the 21st century, our country has gone through the WTO, the Olympic Games and other major events, administration according to law and building a socialist country ruled by law is gradually put on the agenda. Public security organs of the executive arm of one of its administrative law process of building a direct impact on our construction progress administration according to law. Data shows that in the thousands of laws and regulations, an administrative law enforcement areas accounted for more than 80%, accounting for administrative enforcement of administrative law enforcement more than half of the actual workload and administrative law enforcement involves a very wide range, each people's personal benefits are directly affected. Undoubtedly, administration according to law and building a socialist country ruled by law, we must focus on the one hand, the public security administrative law enforcement work, the other focus of law enforcement supervision. In recent years, with the depth of governance according to law, public security administrative law enforcement has made great achievements, but when people still complain. In fact, right above the law, weight in France, greed Zhang capricious and so the phenomenon in Police Administrative Enforcement does occur, the umbrella for various evil forces are mostly found in the public security organs, which not only damaged the party and the government reputation and image, but also seriously undermined the dignity of the law, affecting the process of building a socialist rule of law. Lack of oversight powers, will inevitably lead to corruption. To curb corruption in law enforcement to ensure public security administrative law enforcement to a 'law, the law must be strictly enforced, and violators are prosecuted,' the rule of law in orbit, it must establish a sound one kind from inside to outside, from top to bottom, the full range of oversight mechanisms to match the requirements of the times.
First, the connotation of public security administrative law enforcement and supervision
Law enforcement supervision refers to the enforcement of constitutional oversight body for the supervision of the public security organs of law enforcement activities, including the supervision of law enforcement and public security administrative law enforcement and supervision of Criminal two aspects. Supervision of law enforcement is the first principle of supervision according to law, to supervise the premise that the law, there is a unified, complete and workable legal system of supervision based. Its basic features are:
1. Extensive oversight body. At present, China's public security organs formed internal supervision and external supervision of combining public security administrative law enforcement supervision system, supervision and public security organs of the body are mainly internal oversight, the higher authorities, the NPC, discipline, prosecution, monitoring, and social media people , forming an extensive system of supervision.
2. Under supervision specificity. Public Security Administrative Enforcement objects are administrative acts of public security organs and their enforcement activities of police legitimacy and rationality of its compliance with discipline situations.
3. Procedural oversight process. Oversight body in accordance with laws and regulations to supervise the procedure, not free to be monitored to ensure that administrative law enforcement authority.
4. Form of supervision diversity. By examining the oversight body, examination, investigation and other forms of public security administrative law enforcement supervision
Second, China's public security administrative law enforcement and supervision of the situation and recommendations
(A) the status of administrative law enforcement supervision present, China has established a set of broad oversight body to monitor the diversity of external supervision and internal supervision of combining public security administrative law enforcement and supervision mechanisms. The establishment and operation of monitoring mechanisms for law enforcement to detect and correct problems, to strengthen public security team building, improve the public security administrative law enforcement work to protect the legitimate interests of citizens to play an active role. But generally speaking, the current mechanism of supervision and construction of public security, supervision and integration of forces, supervising team building and the mission itself, compared to the responsibility is not suited. Remains unclear division of responsibilities of the supervision department, work coordination and convergence is not enough, the overall supervision of force has not yet formed, supervision is not big enough, some local police work and police still does not meet the objective needs of team building and so on.
(Two) the current public security administrative law enforcement and supervision of the reasons are not in place and the proposed one. Law enforcement supervision system is not rational, law enforcement supervision system is not perfect. Should improve the state organs, public security administrative law enforcement supervision, a complete monitoring system. State administrative law enforcement organs of supervision as an important part of supervision, plays an important role. However, at present there is our national supervisory authorities too much supervision departments, unclear, passing the buck and so on, seriously affecting the effectiveness of supervision. Only by streamlining the organization, a clear division of labor, clear full responsibility to effectively resolved. Specifically, the first from the oversight body to provide supervision, discipline, procuratorial organs of the statutory supervisory authority to ensure that supervision in place. Secondly clear monitoring, discipline, prosecution duties, three supervisory authority to the division of labor, public security supervision organs mainly administrative enforcement process be supervised to correct irrational behavior, discipline is on the process of administrative law enforcement to monitor corrective disciplinary offenses, prosecution public security organs are in the process of administrative law enforcement supervision violations corrected. Again three oversight bodies monitoring procedures shall be clearly defined, the establishment of a joint law enforcement monitoring group, the public security law enforcement violations of law to accept all, to accept the masses, carry out preliminary investigations, the formation of the report, and then transferred to the relevant functional department of the division process. Finally, as the supervisory responsibilities of the supervisory body does not act, favoritism and other abuses to be provided to ensure that power comes with responsibility, violators are prosecuted.
2. Poor supervision and punishment lax oversight body independence, authority is not strong, affecting the effectiveness of supervision. Police Administrative Enforcement should rationalize internal oversight mechanisms, improve supervision dominant position, together with enhancing the effectiveness of supervision. Monitoring mechanism should be a primary or secondary, not only by a particular aspect of supervision has some limitations, only the various oversight join forces in order to play the real effectiveness of law enforcement supervision. Therefore, the public security organs should be further examined within the scientific setting internal oversight bodies and division of functions, to maximize the integration of the internal oversight power of the public security organs, adjusted combined relevant supervisory departments and functions, straightening out internal supervision system to ensure the effective functioning of the internal oversight.
3. Social supervision, democratic supervision is not enough. Should further improve police open regimes to enhance public security administrative enforcement powers to run the transparency of the public opinion to further improve the mechanism to address the news media, public opinion special features. The party's congress report clearly pointed out: 'Ensuring proper exercise of powers must be exercised in the sunshine.' Public security law enforcement efforts, it must take all effective measures to establish and improve police information disclosure system, improve law enforcement transparency of the work to ensure the proper exercise of power. Police work face the masses, the public right of administrative law enforcement have the final say, 'Let the masses to supervise the criticism, only advantages and no disadvantages.' All in all, the establishment with Chinese characteristics, in line with China's national conditions required of administrative law enforcement supervision system is effectively curb corruption in the public security organs important means is to carry out the implementation of the concept of law enforcement people important way and safeguard is to practice the 'Three Represents' to implement the scientific concept of development inevitable requirement of building a socialist country ruled by law, to achieve the necessary conditions for the rule of law. Only continuous improvement of administrative law enforcement supervision mechanism, strengthen the public security administrative law enforcement and supervision, public security administrative law enforcement in order to effectively curb abuses; to effectively prevent and combat people's police corruption; to ensure public security administrative law enforcement to a 'legal basis , the law must be strictly enforced, and violators are prosecuted, 'the rule of law in orbit; to the early realization of administration according to law, building a socialist country ruled by law historic task.