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行政强制法对规范与约束公安行政强制,推进公安行政强制法治化将产生重大而直接的影响。当下公安行政强制正趋向法治化,但无论是立法层面还是实施层面,尚存诸多不足。为此,必须通过秉持人文关怀的现代法治理念,严格公安行政强制的设定,善用柔性管理,慎用行政强制,强化程序意识,尊重当事人的知情权、话语权等路径来规范与约束公安行政强制,实现公安行政强制的法治化。
The administrative coercive law will have a significant and direct impact on the norms and binding enforcement of public security administration and the promotion of compulsory legalization of public security administration. At present, the administrative enforcement of public security forces is going to be ruled by law. However, there are still many shortcomings in terms of legislation and implementation. To this end, we must standardize and restrain public security by upholding the concept of modern legal system of humane care, strictly enforcing the mandatory setting of public security administration, making good use of flexible management, being careful about administrative coercion, strengthening procedural awareness, respecting parties’ right to know and right to speak Administrative Compulsion to Realize the Rule of Law in Compulsory Public Security Administration.