Research On Police Administrative Enforcement Measures In Emergencies

At present, with all kinds of social contradictions and interests interweaving, taking the police mandatory administrative measure complexity abnormally increased comparing with previous. the administrative compulsory measures which stipulated in laws and regulations based on the normal social relations has been difficult to effectively respond to emergencies to the social impact and destruction. And through police compulsory administrative measures used in many unexpected events, such as the rapid control of risk source, indicating the danger zone, forced isolation using the instrument against each other or the participant involving violent behavior in the conflict. we can isolate the internal deep core question, namely in response to emergencies, how to find the balance between the police administration enforcement power and the legal rights of citizens. In the modern country under the rule of law and constitutional construction process, how to ensure the legality and legitimacy of police administrative enforcement actions, and to fairly and reasonably restrict the police compulsory administrative behavior is a realistic and theoretical proposition in emergencies which is difficult to measure to avoid being solved. Therefore, this paper is divided into four parts, the first part mainly introduces the background, significance and literature review and the related deals. The first chapter focuses on the problems and causes in police administrative enforcement measures. This paper admits the following problems occurred easily in the process of police emergency administrative compulsory measures:the power and rights of the relative person of the police compulsory administrative measure, the conflict between police power and other relevant administrative authority, the police power of discretion, the police law enforcement procedures and the remediation when cases by the administrative relative person’s infringement. With these questions, this chapter tries to answer why these problems exist, considering the causes including corresponding supervision system and the main problems.。The second chapter discusses, under the state of emergency, how to fully utilize the administrative compulsory measures authorized by the laws in order to achieve maximum casualties. The author thinks that the main limited factors are local government, media and the mainstream public opinion etc..The third chapter focuses on how to improve the emergency police compulsory administrative measures, combining with the author’s personal experience, thinking we should improving it from the following aspects:strengthening the administrative relative person’s rights, limiting the discretion of public security organs, making "under the state of emergency police compulsory administrative measure rules of procedure", the administrative relative person of the administrative reconsideration and the administrative litigation right, right under the state of emergency preplan police compulsory administrative measure in actual combat drills.