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On The Police Force The Immediate Right Of Legal Norms

Posted on:2008-09-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZouFull Text:PDF
GTID:2206360215973015Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The prompt coercion power of police is one important part of the power of administrative coercion. It is a deed using the power of administrative coercion to make basic decision to handle the person's personal rights, property rights and other rights in case of emergency. This kind of power has more expansion and aggressiveness more any other kind of public power. Furthermore, the prompt coercion power of police has a nature of monopoly and significance because of it's setup and form. It shows mainly in that the prompt coercion power of police implement under the control of public security department and is charged by central police department. Therefore, a serious monopoly police system comes into being. In our lives, policemen use their administrative power optionally which would invade the people's rights. Although at present, the quality of policemen and the level of executing the law have been improved at some degree, we should never ignore the control of the prompt coercion power of police. The execution of the prompt coercion power of police has to be limited into definite scope. As long as executing the prompt coercion power of police according to the scope and procedure which decided by law definitely, the executing the prompt coercion power of police has nomological foundation. As a result, we should particularly pay more attention to the control of the prompt coercion power of police in order to regulate the executing of the prompt coercion power of police and protect the pubic security, social order and the right of people. Based on the reasons, I want to do more deep and systematic work in this area.Besides abstract and introduction, this article concludes three parts, The first part introduces the evolvement of prompt coercion and the definition of the prompt coercion power of police, and points out the theoretic basis of law.The second part analyzes the actuality of prompt coercion power of police and some problems now existing in it, in order to build a framework for the following study. The research in this area is just at the beginning point, remaining on describing the framework.The third part brings forward some advices on the disadvantages, including the principles and process of exertion of prompt coercion power of police. The methods which the writer suggests are consummating the law system of the prompt coercion power of police and perfecting the relief system to keep away the abuse of the prompt coercion power of police.The problem of administrative coercion is a focus in administrative law research, and the prompt coercion power of police is a significant part of it. Because it is has tight relationship with the right of the people, it is inevitable to obviate this problem when regulating and designing the prompt coercion power of police.This article can make us know that we should strengthen the legislation of the prompt coercion power of police, and make sure the ultimate power should never deviate the legal system and violate the interests of public. By doing so it tries to give some advice and suggestions on the prompt coercion of police system.
Keywords/Search Tags:police, prompt coercion, regulation
PDF Full Text Request
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