Traditional Culture Encyclopedia - Traditional culture - What administrative law enforcement concepts should law enforcement personnel establish?
What administrative law enforcement concepts should law enforcement personnel establish?
1, legal authority. Governing the country according to law, as the basic strategy of governing the country and safeguarding the country, requires that laws must be observed, law enforcement must be strict, and offenders must be prosecuted. These three constitute the central link, key link and necessary guarantee of governing the country according to law. Therefore, for the administrative subject, its authority must be given by law, and it has no rights outside the law;
2. Combination of administrative punishment and education. The purpose of administrative punishment is not to punish someone, but to educate people and avoid their recidivism. For example, China has compulsory punishment for drug addicts, and the purpose of education for prostitutes in general is not to punish, but to help drug addicts get rid of drugs. It can be found that the concept of administrative law enforcement includes the combination of punishment and education;
3, due process, the administrative subject in dealing with specific events, need due process. For example, when the other party violates the regulations on public security management and needs to be detained for administrative punishment, the public security organ will clearly inform him of the violated regulations and detention time, and at the same time inform him of his rights, administrative reconsideration and administrative litigation. When the administrative subject exercises administrative power, the procedure must be complete and proper;
4. The exercise of rights also means the assumption of responsibilities. For the exercise of administrative power, China is now implementing a lifelong responsibility system. For example, the registration of a general business license has clear provisions on the entry of its information and whether it is legally registered. The law gives the administrative department for industry and commerce the right to register, but on the other hand, when there is a problem, the relevant responsibilities of the administrative subject will be investigated, which is the so-called unification of powers and responsibilities.
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