论我国公安行政执法告知制度的建构

On the Construction of the Notification Mechanism in Relation to Administrative Enforcement in Public Security Administration in China

在我国公安行政执法实践中,告知制度经常被忽视,行政相对人的权利得不到有效保护,而且各地做法不一,影响了法制统一和执法效果。根据有关法律法规,结合公安工作实际情况,应从告知的对象、内容、适用范围、形式、例外情况及违反告知义务的法律后果等六个方面对公安行政执法告知制度进行建构与完善。

During the practice of public security＇s administrative enforcement in China, the notification mechanism is often omitted, leaving the administrative counterparty unable to be protected sufficiently in the reality. Even more, the unity of the legal mechanism and the efficiency of the legal enforcement can be damaged as different areas act inconsistently around the country. Correspondingly, whether the public security institution is able to implement the notification mechanism properly is a critical issue, which needs to be resolved in urgency. Thus, based on both the reality in public security administration and the relative legislations and regulations, from the six perspectives of the notified subject, content, application field, form, exception and the legal consequence of violating the notification obligation, the author attempts to explore the notification mechanism and try to come up with a sound system, which is clearer and more convenient to be implemented.