《治安管理处罚法》中的私权利保障问题再探讨

现代法治社会的目标之一是限制公权,尊重和保障私权。从私权保障的视野看,《治安管理处罚法》与原《治安管理处罚条例》相比,在立法宗旨和原则、立法内容等方面都发生了质的变化。该法进一步规范和限制了公权力的行使,保护了私权利,较为全面地实现了对公民私权利的保障。但该法相关规定仍存在缺憾,如听证程序的适用范围没有扩大、立法原则的规定仍有欠缺、对公民权利义务以及警察权力义务限制的不对等等,导致私权利保障不足,有待在立法中进一步完善。

On the Security of the Private Rights in the Law of Punishment in Public Order

One of the goals of the modern law society is to limit the public power, respect and protect the pri- vate rights. From the perspective of the protection of private rights, ＂law of punishment in public order ＂ , compa- ring with the ＂regulations on administrative penalties for public security＂ , has a qualitative change in the legislative purposes and principles, legislative content, etc. , which further standardizes and restricts the exercise of public power, protects the private rights, and comprehensively implements the protection of private rights. But related reg- ulations still exist defects, such as, it does not expand the applicable scope of the hearing procedure, the principle of legislative regulations are still lacking, and obligations of the rights and obligations of citizens and police power limit are not equal, which lead to the lack of private rights, and need to be further perfect in the legislation.