Analysis On Benefits Of The Game Theory In Police's Prior Commandeering System

Police's prior commandeering is one of the 13th provision o《fpolice's method》of our country. It mainly includes :When it's necessary because of demand in investigating criminals, the public security official organization have the initiative usage of the vehicles, correspondence tool, sites and building of government organizations, groups, business organizations and individuals, according to relevant stipulation and by returning in time after using, paying appropriate expenses. If the above results are lost, compensation should be paid.Since 70's in 20 centuries, China has already turned into a modern national country from a traditional cultural union; the citizens have already built up their law consciousness. Due to historical reasons, law's modernization in China is by all means not only a process of national reconstruction, as well as to establish and enhance administration management financial revenue from tax, army and police, but also a process to improve the economic based on the above. However, problems of disobeying initial intention of raw administration and protecting human right will occur if public benefits and individual benefits (personal and collective) can't be balanced in the lawmaking and the judicial realm, polices will not take public benefits as guide while implementing their jobs, thus bring threat to individual benefits. It conceals a worst relation that infinite pursuing public benefits may endanger individual benefits, and absolute protection of individual may endanger public benefits, although no such influent incident appears resulting from inappropriate implementation of Police's prior commandeering, Chinese citizens have been always holding positive and supporting attitude to police's behavior since the foundation of China. It is resulted from traditional influence of the doctrine of Confucianism and admiring to the just behaviors of the police. The police can experience safety when implementing their prior commandeering.But, we found, one of the characteristics of Police's prior commandeering is more aggressive to individual property comparing with other police's priorities and administrative power. That means it can be excised without any declaration to emergency by administration's normal procedure. Whereas, the simple provision of Police's prior commandeering stipulated by our law always damage individual property under the situation that they have no knowledge to the situation or know what happened without expectation and preparation. This makes the research of Police's prior commandeering an urgent and leading task.This text makes an overall description for the definition, scope, character of Police's prior commandeering, which regards Police's prior commandeering as an administrative power. After legal analysis of the police's prior commandeering from the benefit angle, it comes to the...