Justification Of Theory And Practice Of The Time Validity Principle In Police Law

It needs a long time to produce,develop and establish for a principle.It is summarizing the experience basic on the practice,and then,extracting the theory,finally,rising to the principle.The establishment of principle is a process of innovation and continuous argument.The time validity as the principle of police law,through the study of history,legal philosophy as the background justifies a time validity principle.First of all,the time validity principle is analyzed deeply in pragmatics from meaning and language environment,in order to justify the scientific.From the production of a “principle”theory to discover the time validity principle,raising and justifying the process of the principle of police law.Although this is the first time to mention the time validity principle,after series verification,it has been influence in the various fields of law.Through the legal principles and legal rules analysis and justify from different perspectives.Secondly,form the aspect of horizontal,vertical and current utility to find the function of the time validity principle.Horizontal comparison of the time validity principle cannot be replaced.Vertical comparison of it is the inevitable result of the development of police law.In the theory of police law,it contains the meaning of the time validity principle.From a new perspective interprets the connotation and characteristics of the police law.Its position and value is explored in the police law.The time validity principle in the current utility of police law in different periods as the shadow follows.It is not only contained in the police law of China,but also contained in the foreign police law.Thirdly,from the different angles of theory of law,functional limitations and application of the time validity principle justify deeply.It is analyzed in legal theory from efficiency,justice and uncertainty principle.The time validity principle has both advantages and limitations.From the target value,the objective and subjective conditions of application justify this principle deeply.Fourthly,this is the first time,through the methods of law and economics by cost and benefit as analysis tool,the time validity principle can improve the efficiency,benefit and quality of police practice.Through the curve of micro economics analysis of police law under different scenarios of the cost of average and marginal,the price of demand and prevent crime,and optimal amount of reduce the happening of crime.Join in rational choice analysis of hypothesis,exploring the time validity principle how to balance,fair and efficiency,at the same time,creating the maximization of safety benefit and minimization of damage.Fifthly,although the time validity principle has not yet been established,through the practice and theory influence effects of known and anticipation,and which are analyzed and discussed.By the method of law economics and microeconomics graph analysis reflects and role of the time validity principle in public security,criminal and emergency cases.Through the theory of equilibrium analyze empirically the time validity principle and police discretion.Finally,the time validity principle is justified.All the methods and processes of argument have become the basis of supporting the time validity principle,which has been proved to be in the law and police practice.In summary,the justification of the time validity principle basic on theory of police law,police practice,developing of history,law and economics and micro economics mix together,the combination of empirical analysis and comparative method,it is the original research in China.During the justification,always adhere to the police practice as the basis,to learn from the relevant law principles.For innovation of the time validity principle is justified.The establishment of the time validity principle is a prospective study in police law.It will have a positive impact on the revising draft of police law and other relevant police rules.It is a great significance to enrich of legal theory,construction of subject and major,and guide the police practice.