Research on Several Issues Concerning the Procedures for Public Security Organs to Handle Cases

Author: Yu Lingyun
Publisher:
Publish Date: 2007-01-01
Features: This book is compiled based on the lecture notes used by the author for the Jin Supervision Class. In terms of its conceptual framework, it primarily focuses on research on chapters and systems that raise more questions in practical departments, while also attempting to address some of the questions raised by these departments for their reference. Although this book is a research-oriented work, the author is more concerned with the study of institutional law and adopts a normative analytical research method to think through and solve practical issues, proposing corresponding feasible solutions and countermeasures.
Part "General Analysis of Legislation" and Part III "Challenges and Responses Facing Public Security Organs in Administrative Enforcement" primarily consider the significance and role of enforcement norms and procedural norms from a general and macro perspective. In Part II "Main System Research," based on the implementation status and issues of the "Criminal Administrative Punishment Law" and the changes in the "Procedural Regulations," some have been added, and the content of certain has been further supplemented, revised, and enriched. In the appendix, the original legal provisions have been removed and replaced with two lecture drafts, both of which are lectures I delivered at the Senior Police Officers' College of the Ministry of Public Security (formerly the Advanced Training Department of the Public Security University) for the Jin Supervision Class. One is "Specific Application Issues of the Criminal Administrative Punishment Law," and the other is "Reform of Administrative Approval Systems and the Administrative Licensing Law." The relationship between the "Criminal Administrative Punishment Law" and the "Procedural Regulations" is indeed very close, and both are currently hot topics for attention and study by public security officers. Including this in the book facilitates further learning and reflection by officers in conjunction with these two laws and regulations.
Although the reform of the administrative approval system in public security organs has come to an end, many concepts in the "Administrative Licensing Law" reflect the trends and requirements of government function transformation and administrative reform. Although administrative licensing cases are not within the scope of regulation by the "Procedural Regulations," understanding the procedural issues of administrative licensing is still highly beneficial for deepening our understanding of administrative procedures in public security organs. Additionally, I have included several published short essays in the appendix.
The book still maintains the original conversational style of teaching, hoping to present my research insights in a relatively simple and accessible manner. Of course, this is merely an scholar's interpretation, understanding, and comprehension of relevant laws, and some views may not fully align with the explanations and regulations of authoritative bodies. Moreover, like the original book, it provides "point-like" interpretations of the main systems in the "Procedural Regulations for Public Security Organs Handling Administrative Cases" or systems that are somewhat challenging to implement at the grassroots level, rather than aiming for comprehensiveness.