Understanding and Application of the "Procedures for Public Security Organs to Handle Administrative Cases"

Author: Yu Lingyun
Publisher:
Publish Date: 2003-10-01
Features: With China's successful entry into the WTO, higher requirements have been placed on the construction of public security legal systems and the administrative law enforcement by public security organs. The "Procedures for Public Security Organs to Handle Administrative Cases" formulated and promulgated by the Ministry of Public Security is an effort to further advance this work. In my opinion, this regulation indeed maximizes the unification of administrative procedures in police law within the existing legal framework, filling the gaps in relevant laws. Moreover, I believe that this regulation will have a profound and significant impact on public security administrative law enforcement, and many of its experiences are worth referencing and learning from in the drafting of our administrative procedures law.
At the outset of this regulation's formation, the leadership of the Administrative Law Enforcement Department of the Legal Affairs Bureau of the Ministry of Public Security sent the draft to me, asking for written opinions. When the draft regulation was more mature, the Legal Affairs Bureau of the Ministry of Public Security organized an expert symposium in May 2001, chaired by Deputy Director Liu Baixiang. Experts invited to participate in the legislative deliberations included Professor Pi Chunxi of the Law School of Renmin University of China, Professor Yang Jianshun, Professor Jiang Ming'an of the Law School of Peking University, Dr. Shen Kui, and myself. Taking this opportunity, I would like to express my gratitude to Deputy Director Ke Liangdong, Deputy Director Liu Baixiang, Director Bao Hongxia, Deputy Director Wang Yongsheng, and other colleagues of the Legal Affairs Bureau of the Ministry of Public Security.
As the ancients said, "Laws cannot enforce themselves." Whether the regulatory objectives of this regulation can be realized depends on the conscientious implementation by public security organs across various regions in their law enforcement. To help public security organs at all levels study and master the "Procedures for Public Security Organs to Handle Administrative Cases," I organized faculty members and master's students specializing in administrative law and administrative litigation law from the Public Security University to write this book. The book was finally compiled by myself and Guo Yan. In terms of the chapter structure, we adopted the same order as the regulation to facilitate reference and study by grassroots police. The book includes fifteen chapters: General Provisions, Jurisdiction, Recusal, Evidence, Time Limits and Service of Documents, Simple Procedures, Investigation, Hearing Procedures, Application and Decision on Administrative Penalties, Mediation, and Handling of Property.