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《治安管理处罚法》是我国公安立法中第一部规定了治安处罚办案时效制度的法律,也是我国第一部规定了行政处罚办案时效制度的法律。从法律规定的立法原意出发,须明确四点:一是公安机关办理治安处罚案件,一般均应在法定的30日或经批准延长后的60日内完成;二是公安机关在法定的期限内案件没有办结的,应当依法继续办理,直至完成;三是造成公安机关办案逾期的原因是公安机关意志以外的原因所致且无法避免的,该事由所占的时间可从办案期限中扣除;四是对第三个结论所列事由以外的原因造成的逾期,公安机关和办案民警要承担相应的不作为或相对不作为的法律责任。
“Law on Public Security Administration Punishments” is the first law in our country’s public security legislation which stipulates the system of prescription of public security sanctions, and also the first law that stipulates the system of limitation of administrative punishments in our country. From the original legislative intent stipulated by law, four points must be made clear: First, public security organs should handle public order penalties within the statutory period of 30 days or within 60 days after their approval is extended; secondly, public security organs must, within the statutory time limit, If there are no unfinished business, they should continue to handle the matter in accordance with the law until they are completed; third, the reason that the public security organ’s handling of the case is overdue is caused by reasons other than the will of the public security organ and can not be avoided; the time taken for the matter can be deducted from the deadline for handling the case; Is overdue for reasons other than the ones listed in the third conclusion, and the public security organs and police handling the case should bear the legal responsibility of corresponding omission or relative omission.