治安行政执法告知程序适用探析

Probe and Analysis of the Practical Application of Informing Procedure of Public security Administrative Law Enforcement

切实履行治安行政执法告知程序,是公安机关依法实施治安处罚的重要内容。执法人员应当正确理解告知的基本内涵:时间是在行政处罚决定之前;内容包括表明执法身份、告知处罚的事实、理由、依据、种类、幅度、当事人依法享有的权利。形式应当统一用书面形式。

It is an important content of the implementation of public security punish ment by public security organs to perform the informing procedure of public secu rity administrative law enforcement.The law enforcement staff should correctly understand the basic meaning of the informing procedure:the informing should be acted before the public security punishment is made,consisting of showing the law enforcement staff's identity,telling the facts,reasons,basis,kinds and l imits of the punishment and the rights enjoyed by parties in accordance with the law.It should be in written forms of unity.