治安行政案件办理中规范化问题实证探析

An analysis on Standardization of Administrative Cases in Public Security

公安机关人民警察的执法方式、执法行为、执法活动涉及到当前社会生活的方方面面,其执法活动的规范性和合法性关乎整个公安机关的形象,甚至党和政府的形象。治安行政案件的办理是公安机关最重要的执行活动之一,其执法质量直接影响到执法行为的效力。当前公安机关治安行政案件办理中存在诸多问题,例如受案不实,调查取证不及时、不到位,行政程序基本制度的缺失,案件定性不准确等,引发这些问题的原因也是多层次的,诸如客观上执法弱环境的存在,监督机制的缺失和考核机制的不合理,民警自身素质和业务能力的局限性等主客观因素的存在。对此,我们应从完善立法,落实责任追究,完善监督考核机制,提高民警素质等途径来破解治安行政案件办理规范化中存在问题的瓶颈。

The law enforcement way, law enforcement behavior and law enforcement activities of people＇s police of public security organization involve all aspects of the current social life, and the standardization and legality of its enforcement activities are related to the image of the whole public security organization, and even the image of the Party and government.Handling of administrative cases for public security is one of the most important executive activities of the public security organization, and the quality of law enforcement directly affects the effectiveness of law enforcement.At present, there are many problems in the handling of public security administrative cases in public security organizations, such as the fact that the cases are not real, the time of investigation and evidence collection is not in time and in place, the basic system of administrative procedure is missing, and the nature of cases is inaccurate,etc. The causes of these problems are also multilevel, such as the objective existence of the weak environment of law enforcement, the lack of supervision mechanism and the unreasonable evaluation mechanism , the proficiency ,and other subjective and objectiv the legislation, carry out the accountability inv limitations of the civilian police＇s own quality and professional e factors.To solve this problem, what we should do is to improve estigation, improve the supervision and evaluation mechanism and improve the quality of the police, so as to solve the bottlenecks in the handling of standardization of public security administrative cases.