治安处罚行政诉讼应诉策略研究

On the Strategies of Responding to Prosecutions in Administrative Litigation on Punishment with Respect to Public Security

《治安管理处罚法》修改了《治安管理处罚条例》关于复议前置的作法,给被处罚人创造了直接向人民法院提起行政诉讼的机会,也将加大了公安机关在治安处罚案件中被告的压力,加强公安机关应诉策略研究,有助于指导公安机关应对即将大幅增加的治安处罚行政诉讼,提高胜诉质量,维护公安机关的合法权益。

Law of punishment in respect to management of public security has revised the preposition of reconsideration doctrine, which creates opportunities for the person being punished to put forward administrative litigation to people＇s court and increases the chances for public security organs to become the accused party. Therefore, the study of strategies on how to respond to prosecutions is helpful to respond to administrative litigations on punishment with respect to public security and guarantee the legal rights of public security organs.