Research On The Issue Of Police Immediate Enforcement Procedures

This article from Beijing Lei Yang case has raised the rates on the police force a program to issue research and analysis,through analysis of the domestic police force programs to the status of implementation of current legislation and rates,as well as the author of day-to-day police work in the master collection some real cases and the actual data,analyses and evidence Hope from the perspective of police practice,analysis of actual the real problems lie in this area.Principle too such as legislation issues,China still does not have a separate administrative procedure legislation,subsequent is the lack of police force programs to the legislative level rates;for example,the police immediately enforce program flow problem clear enough in practice face similar law enforcement,police discretion too broad in the hand,Enforcement standards in different areas is not uniform,coercive measures taken by the parties,be treated are different;there are for example,law enforcement and inadequate police enforce the law the legitimate rights and interests of the individual protection,existing supervised relief focus,ignored in advance and reasonable supervision and protection.This is an urgent problem.Analysis on theoretical basis of administrative law,the author,thinks police forces procedures in legislation should insist on principle of reservation of law,legal principles and clear principle of priority,in the process of implementation should adhere to the principles of due process and fair principles,administrative legal principle,the principle of proportionality and the principle of efficiency.I affirm the importance and necessity of police force under the premise,on how to further improve the police force a program to issue a deep thinking,consider the adoption of sound and supplementary regulations legislation through the divided police force programs to specific procedures and standards,and by further clarifying the internal approval process To strengthen the police force program.Taking into account the balance between efficiency of law enforcement and justice in a program set,considered by law enforcement,justification,standardize field recorder for law enforcement use,improve internal and external supervision system of both security police force programs to a rigid implementation of and strict control over police discretion.I hope that the police force programs will be both lawful and rational,which can protect the authority and efficiency of administrative law enforcement by the police,and to reflect the reasoning in law enforcement and the justice,constantly improve the police immediate precautionary measures related to procedures,promote the rule of law construction of public security and the rule of law in China-building process.