Reflections and Applications of the Administrative Detention Suspension Procedure
The Administrative Detention Law in our country has faced significant criticism from academia due to issues such as its non-litigious structure and the ineffectiveness of rights protection.The procedure for temporarily suspending administrative detention can effectively mitigate the inappropriate infringement on citizens'basic rights;however,the vague definition of"social danger"in the legal text,coupled with insufficient supporting regulations,has left this procedure in a state of"sleep"in practice.From the perspective of the principle of legal order unity,it is essential to construct a comprehensive understanding of"social danger"and improve the corresponding procedures for temporarily suspending administrative detention.This will clarify the standards for applying such suspensions,allowing for better protection of human rights and social governance functions in the context of modernizing national governance.
administrative detention suspensionsocial dangerindeterminate legal conceptsdual construction
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