浅议治安管理处罚的程序适用

在治安管理处罚程序上,《公安机关办理行政案件程序规定》与《治安管理处罚法》存在一些不一致甚至是相冲突的地方,如回避、送达、简易程序、调查和暂缓执行拘留等。在执法实践中,公安机关及其人民警察应当遵循后者的有关规定。同时公安部应尽快对前者加以修订。

Procedural Application of Punishments In Public Order and Security Administration

In the procedure of punishments in public order and security administration,there are some inconsistent,or in other words,some conflicts between Regulations for Procedures of Administration Cases by Public Security Organs and Law of Punishments in Public order and Security Administration,such as "withdrawal","service of process","summary procedure","investigation" and "postponed execution of detention".And during the law-enforcing practice,the public security organs and police should obey the relevant regulations of the latter one,while Ministry of Public Security should have the former one ratified as soon as possible.