What is the definition, meaning, and impact of normative enforcement 20

As an important administrative law enforcement and criminal justice department of the country, the construction of public security under the rule of law is an important part of the construction of a country under the rule of law and the rule of law.

The core requirement for building public security under the rule of law is to strictly regulate fair and civilized law enforcement, and the problems of inaction, disorderly action, injustice, and uncivility that the people feel the most strongly about can essentially be attributed to non-standard law enforcement. Therefore, deepening the standardization of law enforcement is an important carrier and fundamental way to advance the construction of public security under the rule of law, and it is necessary to put the deepening of the standardization of law enforcement in a more prominent position, and continuously improve the ability of public security organs to perform their duties in accordance with the law and the credibility of law enforcement.

Legal basis. The "Opinions on Deepening the Standardization of Public Security Law Enforcement" stipulates that deepening the standardization of public security law enforcement has an overall and fundamental position in the entire public security work, and it is necessary to take strict, standardized, fair, and civilized law enforcement as the general requirement, comprehensively deepen reform as the driving force, and solve law enforcement problems as the guide, fully implement the basic strategy of governing the country according to law, faithfully perform statutory duties, and continuously improve the ability to use rule of law thinking and rule of law methods to deepen reform, promote development, resolve contradictions, and maintain stability.

1. What is the main body of strict law enforcement?

1. The main body of strict law enforcement should be the administrative organs. The main body of judicial impartiality should be the judicial organs, that is, the public security organs, the procuratorial organs and the people's courts. Strict law enforcement refers to the requirement that when implementing laws and regulations or mastering standards, it is not relaxed or out of shape, so as to be strict, fair, and fair.

2. Legal basis: Article 114 of the Law of the People's Republic of China on Public Security Administration Punishments.

Public security organs and their people's police handling public security cases shall conscientiously accept the supervision of society and citizens.

Where public security organs and their people's police handle public security cases and do not strictly enforce the law or have violations of law and discipline, all units and individuals have the right to report or make accusations to the public security organs, people's procuratorates, or administrative supervision organs; Organs that receive reports or accusations shall promptly handle them on the basis of their duties.

Article 115.

Public security organs imposing fines and punishments in accordance with law shall follow the provisions of relevant laws and administrative regulations to separate the decision on fines from the collection of fines; All fines collected shall be turned over to the state treasury.

2. What are the measures for strict law enforcement?

1. Standardize law enforcement procedures. Strictly implement the requirements of the three systems of administrative law enforcement, leave traces of the whole process of law enforcement activities, and realize the retrospective management of the whole process of administrative law enforcement supervision through inquest records and audio-visual data collection, so as to ensure that all law enforcement links are closely coordinated and restricted;

2. Strict law enforcement discipline. Reiterate industry prohibitions, abide by the bottom line of discipline, establish a list of performance risks, and strive to solve all kinds of irregularities in the process of administrative law enforcement;

3. Strict law enforcement accountability. Implement the pursuit of responsibility for law enforcement mistakes, force law enforcement personnel to develop good law enforcement habits, sort out post risk points and integrity risks, focus on important positions and key links such as case investigation and handling, problem clue handling, etc., find out the existing risks and hidden dangers, and seriously pursue responsibility and accountability for violations of laws and disciplines.

Legal analysis: 1. The principle of administration according to law must be observed, and the principle of administration according to law means that administrative organs must manage in accordance with statutory authority, legal procedures and the spirit of the rule of law, and ultra vires are invalid. Second, it is necessary to follow the principle of efficiency, which means that administrative organs should be efficient under the premise of administering according to law, take the initiative to effectively exercise their powers, and obtain the greatest administrative law enforcement benefits at the lowest possible cost.

3. The principle of reasonableness should be followed, and the principle of reasonableness in law enforcement refers to the fact that law enforcement entities must be appropriate, reasonable, and fair in their law enforcement activities, especially when exercising discretionary power for administrative management, that is, in line with the basic spirit and purpose of the law. Fourth, the principle of due process should be followed, and the due process of law enforcement refers to the legal steps, methods, forms, order and time limits that law enforcement agencies must follow in the process of implementing administrative law enforcement acts.

Legal basis: Article 402 of the Criminal Law of the People's Republic of China: Where administrative law enforcement personnel twist the law for personal gain, and do not transfer those who should be transferred to the judicial organs for investigation of criminal responsibility in accordance with law, and the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where serious consequences are caused, a sentence of between three and seven years imprisonment is to be given.

Strict law enforcement refers to the requirement that when implementing laws and regulations or mastering standards, it is not relaxed or out of shape, and it is strict, fair and just.

Strict enforcement is reflected in two aspects:

First, law enforcement personnel are required to enforce the law impartially, strictly enforce the law, handle cases in strict accordance with the provisions of the law and procedures, and truly take the facts as the basis and the law as the criterion.

Second, law enforcement personnel are required to fulfill their duties, dare to correct illegal acts that occur, and punish them according to law"Attitude to law enforcement"、"Relationship Law Enforcement"、"Favor law enforcement", so that violations must be corrected, corrections must be punished, and punishment is based on.

1. The authority is prescribed by law; 2. With power comes responsibility; 3. The use of rights is supervised; 4. Illegal prosecution.

Legal analysis and balance: (1) Administrative law enforcement is the main way to implement national legal norms. (2) Administrative enforcement is a key link in the implementation of the strategy of governing the country according to the law, and (3) Administrative law enforcement is an important way to realize the functions of state administration.

Legal basis: Article 9 of the Administrative Punishment Law of the People's Republic of China: The law may set various administrative penalties. Administrative penalties restricting personal liberty can only be set by law.