The Research On The Legal Protection And Restriction Of Security Enforcement Powers In China

The rule of law is the best mode of governance in our country, and it is our statecraft.The administration according to law is the core content of the rule of law. With the rapid development of our economy and society, the changing rule of law construction has had great progress. As an important component of China's armed forces, guard force undertake the special security guard duty which is given by the state. Both in domestic and on abroad guard force represents the country's image. However, because of the special force engaged in the work of the guard It for the whole society and academia is mysterious and strange, theoretical research is not much of it.Administrative enforcement is accord with the requirement of the rule of law, to determine the degree of the guard administration according to the law, and the realization of the objective of restriction and influence the country under the rule of law. In the process of the construction of the socialist rule of law in our country, the guard law enforcement system construction plays a very important role.In the actual administrative law enforcement in the process, some phenomenon of the deviating from the orbit is often appearing. If these difficulties and problems are not paying attention and let it happen, which hinder the administration according to law and the rule of law also affects the stability of China's reform and development of the overall situation. Law enforcement of the guard system research is particularly important.Such research approaches as this literary grace is analyzed with literature materials,investigation method, mathematics and physics statistic law, logic, as the research object with the basketball activity of security in Guangzhou, investigate that has visited the current situation of security and the plight of the existence-problem, and the cause is analyzed. Through consulting a large number of documents, this paper,and presenting the situation and problem, the reasonable suggestion of perfecting the legal regulations of the security is put forward.Specifically, the current situation of the security in the process of law enforcement is mainly manifested in the following aspects:(1) Lack of legal basis. Laws, regulations and the guard law enforcement responsibility system is not perfect, Legal resources is shortage, the legislative system is not perfect, and law enforcement main body concept and quality difference makes fair rationality of law is affected.(2) Organization construction is not perfect. China's law enforcement organization construction are not reasonable, law enforcement personnel quality is low,the use of the law is not skilled, and the guard law enforcement image is not good(3) The guard law enforcement procedure is not sound. At present, the guard enforcement procedures set was flawed, application system has not been fully established, and the guard law enforcement lack of procedure guarantee and restriction.(4) The guard law enforcement method is simpler. In the process of law enforcement, the means of tipstaff simple machines lack of rationality, which affect the image of the guard law enforcement team.(5) Supervision mechanism is not sound. In our country, guard the supervision of law enforcement shall not complete, law enforcement personnel not fits in the operation, clear the supervision of the law there are no rules in the process of law enforcement, department of law enforcement supervision is hard to begin, supervision organization setting is not clear and reasonable, daily supervision and law enforcement is weak, and power restriction is out of balance.The major improvement suggestions:(1) The guard law enforcement legislation should be perfect.(2) Improve the law enforcement organization, including scientific legal system and set up law enforcement organization.(3) Standardize law enforcement procedures and means. Make simple clear and easy to operate the guard law enforcement handbook, and keep the guard law enforcement standardization.(4) Standardize the law enforcement personnel guards. Strengthen personnel to study law, improve the comprehensive quality of law enforcement personnel guards and continuously improve the law enforcement ability of the guard.(5) Improve the supervision mechanism. Make the guard law enforcement supervision mechanism to be perfect, in order to realize the supervision work of day-to-day work, and Make the supervision of law enforcement work get real implementation.