疫情防控常态化背景下行政拘留暂缓执行制度完善研究

Research on the improvement of administrative detention suspension system under the background of epidemic prevention and control

新冠肺炎疫情发生后,对传染性疾病密切接触、次密切接触人员的医学隔离观察,导致实际行政拘留暂缓执行的人数呈上升趋势,在法律授权、执行程序、执行标准等问题上也引发了争议。基于法治思维的指引,建议将传染性疾病隔离观察纳入行政拘留暂缓执行的扩张条件。同时,配套建立行政拘留暂缓执行风险评估机制,以属地化原则确定适用执行标准、明确拘留所权责定位与执法监督义务、制定逃避行政拘留处罚情形的责任追究机制,从而推动该项制度的完善。

After the outbreak of COVID-19,the medical isolation and observation of close and subclose contacts of infectious diseases has led to an increase in the number of suspension of execution of interdisciplinary administrative detention,which has also triggered disputes on issues such as legal authorization,execution procedures and standards.Based on the guidance of the rule of law introspection,it is recommended that observation of infectious disease isolation be included in the extended conditions of administrative detention suspension.At the same time,a risk assessment mechanism for the suspension of execution of administrative detention has been established,the applicable implementation standards have been determined by the principle of localization,the position of rights and responsibilities of detention centers and the obligation of law enforcement supervision have been clarified,and the accountability mechanism for evading administrative detention punishment has been established,so as to promote the improvement of the system.