公安行政执法中涉案财物处理与物权法衔接问题研究-法律(法学)专业论文.docx

PAGE PAGE IV Abstract Governing the country according to law is the basic governing policy with which our Party leading the people govern our country. It shows that the people under the leadership of our Party make constitution and laws, manage national affairs, economic and cultural undertakings and various social affairs. Governing the country according to law insists consolidating the Partys leadership, development of socialist democracy and strict enforcement. It also means law-based administration is the necessary requirement of governing the country according to law. Strict administrative enforcement of law is key of law-based administration. Disposal of property involved is the performance of Public security organs executing the administrative enforcement power. Since the Property Law has been put in force, it has raised taller requrements to the Public security organs administrative enforcement activities, especially to disposal activities. The Property Law is the foundation of law-based administration. One of the standards of administrative behavior being legal or not is to see whether the behavior has respect the citizens basic statutory property rights. Public security organs should behave legally and reasonably, and bulid Property Right Conception in disposal activities so as to make the activities tend to be legal in procedure and justifiable in substance. As the relationship between Property Law and disposal of property involved is concerned, Property Law is the legislative authority of disposal of property involved; property right protection is the purpose; disposal of property involved is the means. In respect to legislation, property right protection in disposal of property involved can be divided into protection of public security administration legislation and protection of Property Law which have agreement with each other. On the one hand, legislative ideas of Property Law have been brought into legislative ideas of public security administrat