【 Weak current College 】 how to enhance fire safety enforcement procedures legalization---Power By 【 China power house network 】

A Socialist idea is the harmonious society to justice, the concept of a completely new interpretation of democracy, is the party's leadership and law enforcement for the people of organic unity, is the enforcement activities of ideological roots and theoretical basis. Fire work due to the specificity of the nature and object of extensive, their work is directly related to the broad masses of life and property safety, it requires that we must use the right way to implement a socialist construction, programs to practice the rule of law ", law enforcement officers for the public, for the people" of the target.
　　
First, the rule of law-enforcement procedures for fire on the meaning of
　　
Fire service law enforcement procedures by law refers to the fire service law enforcement program legal, standardization, and humanity. Specifically, mainly include: fire service law enforcement program is dependent on the legal framework, you must have a clear, clear legal forms of regulation, and not by a specific law enforcement body casual purposes; in fire protection law enforcement process, to protect and ensure the enforcement of legal rights of private parties as a fundamental value scales; in law enforcement to ensure law enforcement based on the definitive nature of that law enforcement activities must have clear evidence supporting; throughout the enforcement procedures must have corresponding to the system of supervision and transparency of the enforcement powers and van.
　　
II. existing fire the rule of law-enforcement programs missing from
　　
Although a Socialist idea objectively fire services law enforcement procedures must be equipped with standardized features, however, from the practical point of view, the existing fire safety enforcement procedures also exist many incompatible with the rule of law.
　　
First, the provisions of the law enforcement procedure too thick line. As the Fire Services Act does not deal with fire in the basic law enforcement program; Ministry of public security fire inspection regulations enforcement procedures for fire services law enforcement of its own characteristics specific provisions, but rather in accordance with the "appropriate laws and regulations", mainly with reference to the provisions of the administrative punishment law. Some articles content heavy solid, light programs, resulting in the enforcement process, the process by not clear. Some local fire of legislative activities, there is a handler, processing based and host law contradictory issues, setting up the administrative punishment, administrative enforcement activities more easily. Some method of form not explicitly fire the independence of the law enforcement procedure, particularly in local laws and regulations, but also the economic interests of a large number of patriarchal, ignore the fire program requirements of local practices.
　　
Second, the fire service law enforcement program awareness is not strong. Most of the fire service law enforcement officer believes that implementation of the substantive law is designed to perform the procedural law means, as long as it is only intended to correct, regardless of means, regardless of the program. This kind of error recognition result fire law enforcement personnel in law enforcement, the only figure case handling simple, violating the law program, do not follow the legal steps and processes that deal with important elements of the program later; breach statutory to type, without the approval arbitrarily make a fine (such as "three stop" and a large amount of the fine, must fulfil the corresponding program), to a poor awareness of evidence, law enforcement, such as aging concept differential.
　　
The third is ignored on the legitimate rights of private parties. Fire service law enforcement procedures by law require enforcement procedures in order to reflect the human rights protection, maintenance of community and national interests. But law enforcement departments to managers themselves, their status and enforcement vis-à-vis human endeavors, ignoring the law enforcement counterpart of the defences, the more damage the masses of other legitimate interests. At the same time, the fire in the corresponding laws and regulations are difficult to see for law enforcement counterpart of the safeguard clause.
　　
3. strengthen the fire protection enforcement procedures legalization of working methods
　　
Fire service law enforcement procedures by law is a system, complex project, it requires legislative level system security, require the enforcement of the legal procedures of recognition and respect. It is a rule of law society, and the pursuit of fire law enforcement tools, fairness, and improve rule of law-enforcement procedures, have a long way to go.
　　
(A) the progressive realization of the fire service law enforcement program legal system construction. From the rule of law and process development trend, complete static legal system is the rule of law forms can finally achieve overarching precondition. Fire service law enforcement programs, the same rule of law is to establish a legal system in the fire of a complete unified basis, that is, must form a complete set of enforcement on fire on your order form legal regulation.
　　
(Ii) in the fire service law enforcement program ruled in humanity. Human text, respect of fundamental human rights is at the core of the Socialist concept of the rule of law is also of value to pursue enforcement procedures set fire and implementation process must follow the basic guidelines. With practice, the fire service law enforcement programs to reflect the human nature, which means in the fire protection law enforcement process to fully safeguard the legitimate rights of private parties. Including the safeguarding of the penalty before the right of access to information, statements, punishment in the process of hearing the claim, the right to cross-examination, punishment decision's application for reconsideration, the right to dissent rights, must have clear procedures. Cannot be made by law enforcement are subjective, but must have a specific program.
　　
(3) the clear evidence of the fire service law enforcement procedures. In the rule of law concept of general environment, from the evidence pursuant to the legal consequences of a reasonable evolution is procedural justice basic essentials to be achieved, evidence is conclusive, acquisition of rationality, and the relevant facts of the internal relations of the law enforcement procedure of legalization of important standards. As the law enforcement sector an important law enforcement team, fire supervision departments and law enforcement officials in the performance of administrative penalty procedures, you must strengthen the evidence of the full reference of the evidence relating to the administrative provisions of the rules of evidence, and ensure the probative force of the evidence. First, the period of validity evidences. That is, the Fire Department must make a specific administrative act before a gathering of evidence, the Fire Department after the administrative act, on its own collection of evidence cannot be used as a concrete legal basis. Secondly, the evidence forms of legitimacy, must comply with the relevant laws and regulations of the evidence class that cannot go beyond its legal types, must be based on the originalBefore evidence, the circumstantial evidence in general because of the lack of proof of effectiveness cannot be used separately.
　　
(4) for the fire service law enforcement oversight procedures clearer. Powers of the competent authority, the Authority's procedural safeguards, the Socialist concept of important meanings. Fire service law enforcement program oversight means fire officers in their daily administrative enforcement of fire, it is in accordance with the laws, regulations and rules of law enforcement activities, whether to reach a better enforcement of the effect, whether for law enforcement purposes, whether the protection of the citizens, legal persons and other organizations ' legitimate rights and interests of an integrated monitoring, evaluation and accountability system. Determination of the body from law enforcement, law enforcement based on the results of the certification, law enforcement, each specific enforcement links must have the appropriate oversight mechanisms, achieve enforcement powers of transparent, clear law enforcement accountability mechanisms. It can be said that the fire is ruled by a legal system, people-oriented philosophy, law enforcement powers limited and rationality of reunification is a collection of many elements of the rule of law.