办理治安案件增设"调查"程序谈--兼谈《治安管理处罚法》的立法设计

《治安管理处罚法》中“调查”程序的增设,具有现实必然性。侦查讯问和调查询问之间具有侦办案件的桥梁,“讯问”改为“询问”透视了注重平抑当事人矛盾、化解社会冲突的执法理念。该法中关于治安询问中的传唤措施、询问时限、记录方式、询问地点、询问的法律强制性等问题的规定体现了法律的程序化原则、便民性原则和效率性原则,具有人性化的色彩,彰显了建立法治国家构建和谐社会的理念。

A Talk on Adding Procedure of Investigation in Handling Cases of Public Security--Also on the Legislative Design of the Penalty Law of Public Security Management

Adding procedure of investigation in the Penalty Law of Public Security Management is of realistic inevitability.Bridge of investigation practice exists between investigating interrogation and surveying inquiry.Revising 'interrogation' to 'inquiry' indicates importance being attached to the law enforcement concept of restraining the contradiction among those directly involved and settling social conflicts.The stipulations set by the Penalty Law about such issues as summons measures,time limits of inquiry,means of recording,inquiry places,law compelling of inquiry have embodied the principle of law being procedural,principle of being convenient to the people,principle of being efficient,which reflects the consideration for the human nature and the concept of building a ruling-by-law country as well as constructing a harmonious society.