公安行政诉讼败诉的原因及对策

On the Reason and Countermeasure of Public Security Administrative Litigation's Losing a Suit

公安行政败诉有其主客观原因,主观原因包括作出具体行政行为时定性不准、适用法律错误;事实不清、证据不足;程序违法;超越职权、滥用职权。客观原因包括行政程序法的缺失;“指标”任务的规定;警力不足等。为减少公安行政败诉,应完善公安行政立法,规范办案程序,树立程序意识,提高民警的法律素质和业务素质,落实责任,健全完善监督机制。

Public security administration has the subjective and objective reasons. The subjective reason includes determing the nature to lose a suit, and applying law mistake while making the concrete administative behavior; the fact is unclear, lack of evidence;the procedure breaks the law; surmount the functions and powers, abuse one＇s power. The objective reason includes the disappearance of administrative procedure law; regulatinn of ＂index＂ task; police strength is insufficient etc. In order to reduce public security administrative losing a lawsuit, we should perfect public security administrative legislation, normalize the procedure of handling a case,establish the consciousness of the procedure, improve the people＇s police legal quanlity and professional qulifications, implement responsibility,public security organ; public security administrative litigation; losing a suit. set up and perfect supervision mechanism.