我国警察行政实力强制调查存在的问题及对策
发布时间：2018-12-21 09:46
【摘要】：在现代法治社会中,警察行政调查被广泛应用于公安行政管理的各个领域中,是公安行政机关做出行政行为的核心活动,也是现代法治社会公安行政机关为实现依法行政,有效进行行政管理的重要前提和保证。公安行政调查的的实行往往涉及影响到被调查人的权益,尤为重要的是,公安行政调查在实践中以实力强制调查的情况最为多见,对相对人权利的影响也最大,往往是涉及对相对人基本权利诸如人身自由权、住宅不受侵害等权利的的限制,因此对警察实力强制调查进行有效的法律规制就更显得至关重要。 目前在我国,行政调查理论在学界未得到应有的重视、缺乏成熟的理论、立法上缺乏有效的规范、行政调查制度不健全,使得我国警察行政调查在实践中出现诸如调查权力被滥用和缺失等一系列的问题。因此,以强制行政调查为重点,对警察行政调查进行深入研究,建立完善的理论体系,促进建立起完善规范制度体系,促使其高效规范运作,是现代行政调查制度建设的主要内容,也是法学理论与公安行政机关执法实践中共同面临的重要课题。 有鉴于此,本文在前人研究基础上,对警察行政调查进行了进一步的研究。通过对行政调查的概念、特征,性质等基本理论的梳理,对相关国家和地区行政调查制度进行了借鉴比较,进而分析我国警察行政调查在实践中存在的问题及原因,最后提出了我国警察行政调查法律规范与机制有待完善的部分。本文正文分为三大部分。首先,在第一部分对行政调查的概念进行界定并对相关国家地区行政制度的基本理论进行了梳理。在第二部分指出了我国警察行政调查在实践中存在的主要问题,并对其产生的原因在理论研究、立法实践以及执法过程几个方面进行了深入分析。最后在第三部分对我国警察行政调查法律规范的完善提出了相关建议。
[Abstract]:In the modern society under the rule of law, police administrative investigation is widely used in various fields of public security administration. It is the core activity of public security administrative organs to make administrative acts, and it is also the public security administrative organ of modern rule of law society to realize administration according to law. Effective administration of the important premise and guarantee. The implementation of public security administrative investigation often involves affecting the rights and interests of the person under investigation. What is particularly important is that in practice, the police administrative investigation is most often enforced by strength and has the greatest impact on the rights of the relative person. It often involves the restriction of the relative person's basic rights such as the right of personal liberty and the right of the house not to be infringed, so it is more important to carry on the effective legal regulation to the police strength compulsory investigation. At present, in our country, the theory of administrative investigation has not received the due attention in the academic circles, lacks the mature theory, the legislation lacks the effective standard, the administrative investigation system is not perfect, It makes the police administrative investigation in our country appear a series of problems in practice, such as the abuse and lack of investigation power. Therefore, focusing on the compulsory administrative investigation, the police administrative investigation is deeply studied, and a perfect theoretical system is established to promote the establishment of a perfect normative system and its efficient and normative operation. It is the main content of the construction of the modern administrative investigation system, and is also an important subject in the law theory and the law enforcement practice of the public security administrative organs. In view of this, this article carries on the further research to the police administrative investigation on the basis of the previous research. By combing the basic theories of administrative investigation, such as the concept, characteristics and nature of administrative investigation, this paper compares the administrative investigation system of relevant countries and regions, and then analyzes the problems and reasons in the practice of police administrative investigation in our country. Finally, the legal norms and mechanism of police administrative investigation in China need to be improved. The text of this paper is divided into three parts. Firstly, the concept of administrative investigation is defined in the first part, and the basic theories of administrative system of relevant countries and regions are combed out. In the second part, the author points out the main problems existing in the practice of the police administrative investigation in China, and analyzes the causes of the problems in the theoretical research, legislative practice and law enforcement process. Finally, in the third part of the police administrative investigation in China to improve the legal norms of the relevant recommendations.
【学位授予单位】：延边大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.14
本文编号：2388742
[Abstract]:In the modern society under the rule of law, police administrative investigation is widely used in various fields of public security administration. It is the core activity of public security administrative organs to make administrative acts, and it is also the public security administrative organ of modern rule of law society to realize administration according to law. Effective administration of the important premise and guarantee. The implementation of public security administrative investigation often involves affecting the rights and interests of the person under investigation. What is particularly important is that in practice, the police administrative investigation is most often enforced by strength and has the greatest impact on the rights of the relative person. It often involves the restriction of the relative person's basic rights such as the right of personal liberty and the right of the house not to be infringed, so it is more important to carry on the effective legal regulation to the police strength compulsory investigation. At present, in our country, the theory of administrative investigation has not received the due attention in the academic circles, lacks the mature theory, the legislation lacks the effective standard, the administrative investigation system is not perfect, It makes the police administrative investigation in our country appear a series of problems in practice, such as the abuse and lack of investigation power. Therefore, focusing on the compulsory administrative investigation, the police administrative investigation is deeply studied, and a perfect theoretical system is established to promote the establishment of a perfect normative system and its efficient and normative operation. It is the main content of the construction of the modern administrative investigation system, and is also an important subject in the law theory and the law enforcement practice of the public security administrative organs. In view of this, this article carries on the further research to the police administrative investigation on the basis of the previous research. By combing the basic theories of administrative investigation, such as the concept, characteristics and nature of administrative investigation, this paper compares the administrative investigation system of relevant countries and regions, and then analyzes the problems and reasons in the practice of police administrative investigation in our country. Finally, the legal norms and mechanism of police administrative investigation in China need to be improved. The text of this paper is divided into three parts. Firstly, the concept of administrative investigation is defined in the first part, and the basic theories of administrative system of relevant countries and regions are combed out. In the second part, the author points out the main problems existing in the practice of the police administrative investigation in China, and analyzes the causes of the problems in the theoretical research, legislative practice and law enforcement process. Finally, in the third part of the police administrative investigation in China to improve the legal norms of the relevant recommendations.
【学位授予单位】：延边大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.14
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