중국 경찰의 행정처벌권과 위반사례 연구

Abstract

The right of police administrative punishment belongs to one of those important police right. It can not only prevent people who made minor errors from becoming criminal through administrative punishment, but also control occurrence of crimes with warning effectiveness. But excessive right of police administrative punishment sometimes was likely to be applied to life of ordinary people and became the burden of national growth and social stability. As far as the action of the police is concerned, When the public administration was put in action without criminal procedures such as indictment, investigation and sending cases, The police based on his own judgement could arrest socially disadvantaged class that included beggar, vagrant, prostitution and gambler without restraint devices, therefore they raised possibility about human rights violation. Above all, The reeducation through labor that was abolished in 2013 was abused by the police and cause pains and problems to people just like criminal punishment did. As the symbol of governmental authority, Police carry out missions that protect social security, safety and wealth of the people, and seek to solve social problems in advance through the force of police. The governmental authority must be activated just for country that represent people’s collective opinion and people who admit the use of governmental authority. But the right of chinese police administrative punishment that grow the outside of the control caused lots of human rights violation cases. Based on the right of chinese police administrative punishment, we can assume that the category that includes the problems of foreign affairs, frontier defence, cyber, fire department, traffic and public security belongs to ordinary the right of police administrative punishment, and the category which includes reeducation through labour and penitentiary education belongs to special he right of police administrative punishment. In other words, the penalty that is close to the life of the people belongs to ordinary right of police administrative punishment, and the penalty that restrain people for special objective and subject belongs to special right of police administrative punishment. As far as special right of police administrative punishment is concerned, the notorious reeducation through labour that caused human rights suppression and undiscriminating execution for decades was abolished in 2013, But penitentiary education that is similar to reeducation through labour still exists despite the opposing opinion. For decades, the reeducation through labour that carried out by the chinese police did not receive the judgment of the court, And it caused the violation of human rights and freedom. In the end, the system of the reeducation through labour ended in 2013 after receiving the opinions of the people and scholars. But the problem is that the penitentiary education still exists and charges the man and woman that have prostitution problem with compulsory labor and reeducation.