Research On The Perfection Of Police Prompt Coercion System In China

The immediate purpose of the police immediate enforcement is to maintain the national security and public order and tranquility, and in the course of its exercise, it is inevitable to have the power to restrict the people’s freedom. For the maintenance of security and the fight against crime, it than any other administrative power is more expansion, expansion, aggression and aggression and police prompt coercion power itself in the settings and forms.In addition, police mandatory right to citizen’s freedom, rights, property restrictions and deprivation, the police in real life right infringement of citizens’ rights phenomenon repeated, although the quality of police and law enforcement level has increased, but we also cannot ignore the constraints of coercive power of the police, police immediately forced to make the tree must be carried out in the the scope and limits, only in strict accordance with the statutory scope, range, procedure to exercise police mandatory rights, in order to make the police mandatory exercise right justified.In addition to the preface and conclusion, the thesis is divided into four parts.The first part of the case from the Xu Moumou led to the police immediately forced the question of thinking. Is also the starting point of this article writing and the initial motivation.The second part is the basic theory of police immediate enforcement. This part mainly discusses the concept and characteristics of prompt coercion concept, police prompt coercion, police immediately forced the legal basis of the right to exist, namely mandatory theory of police of fontal property and public order theory, method and emergency power theory. This part is of police is mandatory in law foundation and logical starting point.The third part introduces the present situation and defects of the police immediate mandatory system in our country. The paper puts forward the main problems of police instant enforcement right:(a) the related legal norm structure disorder. Without a complete law to regulate the police immediately to the right to be standardized, the legislative authority is also to be clear.(b) lack of immediate enforcement means. The existing real time compulsory means can not be fully qualified under the new situation.(c) the immediate enforcement procedures are not perfect. Because of the large amount of free space, the police in the subjective abuse of coercive power, against the relative man-made.(d) the accountability mechanism is not perfect. For illegal implementation of the police immediately forced the responsibility to be investigated, the provisions of the relevant laws and regulations are too general, the police on duty not to abuse the power of instant enforcement actions to form a deterrent.(e) the legal provisions of the relief system. Relief system is not perfect, to make up for the lack of police immediately forced improper exercise to the relative damage caused by man-made.The fourth part is the suggestions to improve police mandatory system. This part puts forward the suggestion on how to regulate the real right of the police on the basis of the analysis of the problems existing in the front of the police. The specific contents are: improving the legal system of the police immediate enforcement system. Including the resolution of administrative enforcement law and police law rational division of labor, follow legal reservation principle to improve the level of specification and refinement of specific instant compulsory means the specification; and improving the police immediate enforcement mechanism, including to introduce the principle of proportionality limit discretion, optimization of police prompt coercion system program, instant and perfect compulsory liability investigation mechanism. Improve the police immediately forced the judicial relief system, including the strengthening of the reasonableness of the review, the establishment of special rules of evidence, administrative damages and compensation, etc..The police compulsory administrative behavior research is hotspot of the science of administrative law research attention, and police prompt coercion power is one of an important part, and civil rights are closely linked, so the established to safeguard the fundamental rights and freedoms of a country under the rule of law process, we must pay more attention to the police administrative prompt coercion measures in the study of administrative law, with a view to the implementation of strict regulation of police administrative prompt coercion measures,to provide theoretical support for the purpose of ensuring public security and social order, and safeguarding the legitimate rights and interests of the administrative counterpart.