Research On The Improvement Of The Legal Regulation Of Police Prompt Coercion

Prompt coercion is one of the main and the most important measures in the Police Law, which refers to the administrative acts that the public security organ takes mandatory measures to the property, body and site of the private party without time to issue the order or warn in advance in order to preclude the emergent and dangerous situation. In the thesis, the author explores the following four aspects on the system of prompt coercion.The first part is on the basic theory of prompt coercion, that is, the relationship among its sub-concept, measures and enforcement which is also the hot problem that the theory circle studies in recent years. In the paper, the author summarizes the viewpoints of many scholars and puts forwards the prompt coercion instead of the administrative coercive measures. Furthermore, three fundamental conditions the prompt coercion needs are authority, implementing condition and limited condition.In the second parts, the author describes the current situation and combs the category of the prompt coercion of the public security in our country. Moreover, the problem of using the arms, the restraint system and administrative summons is explored, as well as the application of the legal norm of the prompt coercion in the real-life case.Thirdly, the author points out the problem including the form that exist in the legal regulation of our public security for instance, the disorder of the prompt coercion law and its valid criterion, ultra vires laws, non-standard or inconsistent statement and imperfect regulation of its procedure.Last, the author appeals to perfect the prompt coercion regulation which contains four terms. First, in the principle of law priority and law reservation, the system of the prompt coercion should be rebuilt. Moreover, linking the twelfth with thirteenth items, the author combs the system of the prompt coercion regulation. Second, reconfirming the importance of the principle of proportionality in the prompt coercion regulation, from the viewpoints of validity, necessity and symmetry, the thesis explores the connotation of the principle of priority and how to practically make use of the principle to control the discretionary power. Third, the regulation of the procedure should be further improved. Perfect the procedure of examination and approval beforehand; Indicate identification, give reasons and take advice; Inform the parties afterwards.