摘要
本文围绕当事人对交通事故责任认定等六个方面公安执法行为不服,是否可以提起公安行政诉讼进行了具体分析、探讨。当事人不服交通事故责任认定、重新认定及交通事故伤残重新评定可起诉;当事人不服当场盘查、强行驱散、强行带离现场不可起诉;当事人不服公安刑事执法不作为和公安机关交通管制通告、立即拘留是否可起诉,应视具体情况而定。同时,本文对公安行政诉讼是否需复议前置问题,从公安法律、法规的有关规定作了论述。
The article analyses whether a litigant can lodge public security administrative lawsuit when he doesn't agree with traffic accident responsibility confirmation and other five lawenforcment actions of public security organs.A litigant can indict not only if he doesn't agree with traffic accident responsibility confirmation and re- confirmation,but also if he doesn't agree with traffic accident disability re- assessment.He can't indict if he doesn't agree with being questioned on the scene,expelled by force and taken away the scene by force.It depends whether he can indict or not if he is detained immediately when he doesn't agree with criminal law enforcement actions or traffic control announcement of public security organs.According to related regulations in law,the article discusses whether public security administrative lawsuit has to reconsider former problems.
出处
《江西公安专科学校学报》
2001年第2期67-69,共3页
Journal of Jiangxi Public Security College