公安机关治安管理中训诫的规范性思考

Thinking on the Normative of Admonition in Public Security Management of Public Security Organs

我国《治安管理处罚法》没有规定训诫,将训诫解释为警告的具体表现形式缺乏法律依据。公安机关在治安管理中适用训诫,违背了“法无授权不可为”原则,是法外处罚、超越职权的行为,在司法上应当认定为可撤销的行政行为。从依法执法、依法行政的角度看,对于以往以及未来公安机关在治安管理中适用训诫,可以通过四个途径使其规范化:一是通过立法将训诫直接规定为行政处罚措施;二是在立法将训诫规定为法定治安处罚措施之前,清理相关解释性文件,防止将训诫扩大解释为警告的表现形式;三是行政机关对已经作出的训诫进行自我纠错;四是审判机关在行政诉讼中依法撤销违法训诫。

There is no admonition in China′s law on punishment of public security management,and there is no legal basis for interpreting admonition as a specific form of warning.The application of admonition in public security administration by public security organs violates the principle of"no authorization of law,no action".It is an act of punishment outside the law and beyond the authority.It should be recognized as an administrative act revocable in judicature.From the perspective of law enforcement and administration according to law,there are four ways to standardize the application of admonition in public security management of public security organs in the past and in the future:one is to directly stipulate admonition as administrative punishment measures through legislation;the other is to clear up the relevant explanatory documents before the law stipulates the admonition as the legal public security punishment measures,so as to prevent the expansion of the admonition into the form of warning;the third is that the administrative organ corrects the admonition already made;the fourth is that the judicial organ cancels the illegal admonition in the administrative litigation according to law.