论文部分内容阅读
党的十六大提出要尊重和保障人权,并将民主法制建设上升到与经济建设、文化建设和增强可持续发展能力同等重要的位置。公安机关作为国家主要的行政执法机关必须坚持依法行政,切实保护公民的合法权益。因此,有必要建立公安行政复议听证制度,以确保申请人、第三人的知情权、陈述权、申辩权等权益的行使,从而实现行政复议机关核实证据,查明案情的目的。公安行政复议听证制度应有六个方面的内容:一、建立公安行政复议听证主持人制度。二、建立听证前证据交换制度。三、建立证据失权制度。四、建立证人当场作证制度。五、建立律师参与听证制度。六、建立听证效力制度。
The 16th CPC National Congress proposed to respect and safeguard human rights and to elevate the construction of democracy and legal system to an equally important position as economic construction, cultural construction and the enhancement of sustainable development. As the country’s main administrative law enforcement organ, the public security organ must insist on administration by law and effectively protect the legitimate rights and interests of its citizens. Therefore, it is necessary to establish public hearing system of administrative reconsideration to ensure the applicants, the third party’s right to know, the right of presentation and the exercise of the right of defense, so as to achieve the purpose of the administrative reconsideration authority to verify the evidence and to ascertain the merits. Public security administrative reconsideration hearing system should have six aspects: First, the establishment of public security administrative review of the hearing host system. Second, the establishment of evidence exchange system before the hearing. Third, the establishment of evidence loss system. Fourth, establish witness on the spot testimony system. Fifth, establish a lawyer to participate in the hearing system. Sixth, the establishment of a hearing effect system.