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公安行政执法中低位选择适用依据既具有现实合理性,又存在一定的违法可能性,折射出民警恰当判断执法依据是否合法的必要性。面对公安行政执法中呈现的这些问题,要求立法主体加强规范性文件的备案审查制度建设,让实质性审查落到实处;提升立法技术,做好法律和地方性法规的协调衔接;要求执法民警提高法理素养,立足说理性执法,提升公安行政执法中选择适用依据的能力。
The choice of applicable basis for low and middle level public security administrative law enforcement is both realistic and reasonable, and there is a certain possibility of illegal activities. It reflects the necessity of judging the legitimacy of law enforcement basis appropriately by the police. In the face of these problems presented in the law enforcement of public security, the legislative body is required to strengthen the construction of the filing and censorship system of normative documents so that the substantive examination can be carried out effectively. The legislative technique can be improved and the coordination between laws and local laws and regulations can be improved. Improve legal literacy, based on rational law enforcement to enhance the ability of public security administrative law enforcement to choose the basis for the application.