The concept of public security law enforcement supervision

Supervision of public security law enforcement refers to the supervision of public security organs and their people by organs, citizens, and social organizations authorized by law

Inspections and supervision carried out by the police in the performance of their duties, exercise of powers, and observance of discipline in accordance with the law.

2. Characteristics of public security law enforcement supervision

(1) The specificity of the object of supervision

The object of public security law enforcement supervision is the public security organs and their people's police, and is to supervise their performance of duties.

The content of supervision is whether they perform their duties and exercise their powers in accordance with the law and whether they strictly abide by them in the performance of their duties

and enforce the duties and discipline of the people's police.

(2) The extensiveness of the subject of supervision

The main body of public security law enforcement supervision is very extensive, including the supervision of state power organs, administrative supervision organs,

Supervision by procuratorial and judicial organs is also carried out by society and individual citizens;

The supervision of the ministry and the supervision from within the public security organs have formed a complete system of supervision over public security law enforcement.

(3) Diversity of forms of supervision

Supervision of public security law enforcement is carried out in a variety of ways and in a variety of forms, and the nature and status of the subject of supervision are different

Governors also take different forms.

(4) Procedural nature of the supervision process

Supervision of public security law enforcement is a kind of legal system of the state, and its form is usually carried out in accordance with the law and can be produced

A legal act that produces certain legal effects and consequences. Therefore, no matter what kind of subject and for what reason the supervision is carried out, it must comply with the requirements of the law and follow the legal procedures.

3. Classification of public security law enforcement supervision

Public security law enforcement supervision can be classified differently according to different standards.

(1) According to the different subjects of supervision, the supervision of public security law enforcement can be divided into the supervision of state power organs and procuratorial organs

supervision, supervision of judicial organs, supervision of administrative supervision organs, internal supervision of public security organs, citizens and

social supervision, etc.

(2) According to the different affiliation between the subject of supervision and the object of supervision, it can be divided into external supervision and internal supervision. outside

Ministry supervision refers to the supervision of the subject and the object of supervision does not have a direct administrative subordinate relationship, this kind of supervision body

It is other organs, organizations, and individual citizens other than the public security organs. Internal supervision refers to the subject of supervision and supervision

There is a direct administrative subordinate relationship between the subjects, and the main body of such supervision is the public security organ itself.

(3) According to the different time of supervision, it can be divided into pre-supervision, in-process supervision and post-supervision. ex-ante supervision,

refers to oversight conducted by the supervision entity in accordance with law before the public security organs and their people's police carry out law enforcement acts. In the middle of the matter

"Supervision" refers to oversight conducted by the subject of supervision in the course of law enforcement by the public security organs and their people's police. ex-post supervision,

refers to oversight conducted by the supervision entity after the conclusion of the law enforcement conduct of the public security organs and their people's police.

(4) According to whether the supervision behavior of the supervision subject has legal effect, it can be divided into direct supervision and indirect supervision. straight

"Receiving supervision" refers to the supervision of the subject of supervision that has direct legal effect and can produce direct legal consequences

Supervise. Indirect supervision refers to the fact that the supervision conduct of the supervision entity does not have direct legal effect and cannot be directly produced

Supervision of some kind of legal consequences. II. Internal Supervision of Public Security Law Enforcement

Specifically, the main body of internal law enforcement supervision of public security organs is mainly divided into the supervision system and the supervision system of the legal department

degree, public security administrative reconsideration system, public security compensation system.

1. Supervision system

The supervision system refers to the performance of duties and actions by the supervision bodies of public security organs against public security organs and their people's police in accordance with law

A system for supervising and inspecting the status of authority and discipline. It is to improve the self-restraint of the public security organs

mechanism and an internal supervision system established in accordance with the law.

2. Supervision system of legal department

The system of supervision by the legal department refers to the supervision system of the legal department of the public security organ over the public security organ at the lower level and the public security organ at the same level

A system for supervising and inspecting the law enforcement activities of subordinate operational departments, dispatched agencies, and their people's police.

3. Public security administrative reconsideration system

The public security administrative reconsideration system refers to the specific administration that citizens, legal persons or other organizations consider public security organs to be

Where conduct violates their lawful rights and interests, an application is submitted in accordance with law, and the public security organ accepting the conduct of the specific administrative act is to carry out the specific administrative act

The legal system of review and decision.

4. Public security compensation system

The public security compensation system is an integral part of the state compensation system, which refers to violations of the law by public security organs and their people's police

A legal system in which the state shall bear compensation for the infringement of the lawful rights and interests of citizens, legal persons and other organizations in the exercise of their powers. There are two situations in which public security compensation occurs: one is that the public security organ makes it on its own initiative, and the other is that the court makes a judgment

The public security organs shall be liable for compensation. Strictly speaking, the latter situation should not fall within the scope of internal supervision of public security organs

Category.

Conditions for constituting public security compensation:

(1) Composition of the main elements. The subject of public security compensation must meet the requirements of the law, that is, it must be the public security organ

and their people's police, non-public security organs and people's police's official conduct cannot cause public security compensation.

(2) Composition of the elements of conduct. The State Compensation Law establishes the principle of attribution of liability for State compensation as the principle of illegality, that is, regardless of the State

Whether or not there is subjective fault on the part of the organ and its staff can be constituted as long as their actions are illegal and cause damage

into state compensation. The conduct of the public security organs and their people's police in the exercise of their powers is unlawful and is necessary to constitute public security compensation

To be conditional. The lawful exercise of authority does not give rise to State liability even if it causes damage.

(3) Composition of consequence elements. The public security compensates citizens, legal persons, and other organizations for the illegal exercise of their powers

The objective harmful consequences of legal rights and interests are a necessary condition. There is only an illegal act, but it does not cause damage to legitimate rights and interests

When the consequences are harmful, it cannot constitute public security compensation.

(4) Composition of the elements of causation. It is only caused by the illegal exercise of authority by the public security organs and their people's police

Only the consequences of damage can constitute public security compensation. 3. External supervision of public security law enforcement

The external supervision of public security organs mainly includes five forms: the supervision system of state power organs, the administrative supervision system,

Procuratorial supervision system, administrative litigation system, and social supervision system.

1. Supervision system of state power organs

The system of supervision by organs of state power refers to the fact that the people at all levels take the lead of the congress and its standing committee to deal with public affairs in accordance with the law

A system for supervising and inspecting the law enforcement activities of security organs and their people's police.

2. Administrative supervision system

The administrative supervision system refers to the enforcement of laws by administrative supervision organs against public security organs and their people's police in accordance with the law.

Supervise and inspect regulations, policies, decisions, orders, and administrative disciplines, and conduct violations of laws and regulations

A system for investigating and dealing with disciplinary acts.

3. Inspection and supervision system

Procuratorial supervision. It refers to the people's procuratorate's compliance with the public security organs and their people's police in accordance with law through the exercise of procuratorial power

A legal system for supervising and inspecting the observance and enforcement of laws.

4. Administrative litigation system

The administrative litigation system refers to the people's courts' lawful exercise of administrative adjudication power to impose legal action on administrative organs (including public authorities).

security organs) to review and make rulings on the legality of specific administrative acts, so as to prompt administrative organs to administer in accordance with the law.

A legal system that protects the legitimate rights and interests of citizens, legal persons and other organizations.

Characteristics of the administrative litigation system:

(1) The main purpose of administrative litigation is to prevent administrative organs from illegally exceeding their powers and abusing their powers, and to protect the administrative counterparts

Legitimate rights and interests of persons. (2) The content of administrative litigation is to resolve administrative disputes, that is, to resolve the relationship between administrative organs and administrative organs in the conduct of administrative management activities

Disputes arise between management counterparties, and the management counterparts are dissatisfied with specific administrative acts (including acts and omissions)

and the controversy that arises.

(3) The parties to the administrative litigation are specific and have equal legal status. The plaintiff can only be administrative

The counterpart and the defendant can only be an administrative agency, and their litigation status cannot be interchanged. Hence the administrative litigation system

It is also colloquially known as the "civil prosecution system".

(4) The organ in charge of hearing administrative litigation is the people's court, and the initiation and trial of administrative litigation must comply with the statutory requirements

Conditions and procedures.

(5) The result of the administrative litigation is to make a judgment on the legality of the specific administrative act. For lawful administrative acts,

The judgment shall be upheld, the judgment shall be revoked in the case of illegal administrative acts, and the judgment shall be revoked in the case of manifestly unfair and improper administration

acts, the judgment is changed.

(6) The enforcement of the specific administrative act is not stopped during the period of administrative litigation, and mediation and counterclaims are not applicable.

5. Social supervision system

The social supervision system refers to social organizations, groups, and individual citizens from outside state organs in accordance with the law

A system for supervising the law enforcement activities of public security organs and their people's police.