《治安管理处罚法(修订公开征求意见稿)》的接引与疏漏

Discussion on the Link and Omission of Public Security Management Punishment Law(Revised Draft)

《治安管理处罚法(修订公开征求意见稿)》拟修订内容主要在管理对象和行为、管理程序和程度、明确和补充性条款等几个方面。从拟修订内容来看,其仍然有不足之处,值得研究,如"禁止令"缺乏相关配套操作保障;删除了对外国人限期出境以及驱逐出境的相关规定;治安拘留未纳入听证的范围;将"吊销公安机关发放的许可证"改为"吊销证照",在现实生活中不具有便利性和操作性;盲人或者又聋又哑的人给予处罚的规定模糊不清等问题。另,警告作为一种治安管理处罚种类在我国缺乏责罚性,应该增加"社会服务令"这种处罚种类。

The Public Security Management Punishment Law（revised draft） should be revised in the object and behavior of management, the procedure and degree of management, explicit and supplementary provisions and so on. From the revised contents, there are still deficiencies, worthy discussing. Such as： ＂restraining order＂ is to lack the guarantee of support and operation. It is not reasonable to delete the relevant regulations concerning that order foreigners to leave our country within a time limit and the deportation. The detention has not been able to include in the hearing of witnesses as before. The ＂revoke the permit by the public security organs＂ should be changed to ＂revoke the permit and license＂. It is difficult to say whether is convenient and exercisable in real life. The rules of giving punishment to the blind person or deaf-mute person are blurred and so on. In addition, the caution as a kind of public security management punishment lacks penalty in our country, it is possible to increase the ＂social service order＂ which is one type of punishment.