The study of development in the manage and punish legal system in public security of Mainland China
Date Issued
2008
Date
2008
Author(s)
Wu, Feng-Yu
Abstract
Since the 15th People''s Congress, PRC announced the concept of “Rule of Law”, and hoped to transform “Rule by Law” to it. And “the law of manage and punish in public security” is a law that has the index meaning very much. it included the human rights of development has ensured the concept gradually in PRC. On the other hand, when the state power in banishing those acts in disturbing social order, interfering public security, invading personal rights and property, impairing social management and hazard acts to society, it whether have had too much right of judging amount of freedom ? And when this law is in carrying out, the operation of “Punish on the spot”, “Assurance system”, “Combine-punishment”, “The mediate system”, still has a great deal of places that can be discussed. And all of this still needed us to examine the PRC’s legal system deeply and find out the pros and cons .ur research project will use the methods of law-sociology and law-paraphrase, and also will use the approach of reviewing documents, historical study, relatively studies analytic and policy-making approach. First of all, we will try to find out “the law of manage and punish in public security” is in the position that influence other laws or being influenced by others. Moreover, through the factors of each time PRC altering their laws, such as the historical factor, the social environmental changes and the tendency of PRC society…etc. The three, the relation among “the administrative penalty law” , “criminal law” and “the law of manage and punish in public security”, was “the difference of qualities” or “the difference of quantity” ? And the fourth object was that by using the concept of “Due process” and “Crime and punish by Law” to examine “the law of manage and punish in public security” whether slip and cause the person who encroaches on people''s basic human rights. Finally, we will not only collect opinions and appraisal on this law extensively from the aspect of scholars, and the practice, but take compression between this law and we Taiwan’s relative law also. Hopefully it really has a result which ensured human rights and avoided the infringing of human rights relatively.his research is expected to contribute to understanding that it has been developed for many years that '' the policy from left and the economic from right '' in Mainland China, and the society change extremely rapidly because of the economic reform, the PRC government how to response, and the trend of the law to the influence of the meaning and development impact to the society , human rights.
Subjects
Law of manage and punish in public security
Punish on the spot
Assurance system
The mediate system
Due proces
Crime and punish by Law
SDGs
Type
thesis
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