Research On The Legal Regulation Of Police Immediate Coercive Measures

In recent years,emergencies such as public health incidents and natural disasters have occurred frequently in our country,and emergencies that endanger social stability and public order are not uncommon,which sets a new requirement for our country to handle and respond to emergencies.Even the immediate coercive measures implemented by the public security organs play a pivotal role in this process and are not only applicable to general scenarios such as "emergency" in the normal operation of society,but also to special scenarios such as "sudden emergency".With the increasing difficulty of law enforcement by public security organs year by year,some problems have gradually emerged.It is hard to effectively deal with various contradictions in practice by taking immediate coercive measures according to existing legislation.Therefore,it is necessary and urgent to do research on the legal regulation of immediate coercive measures by public security organs.Firstly,the background,significance,and current status of the research on the legal regulation of immediate coercive measures taken by the police are sorted out,and a variety of research methods are adopted,in order to put forward constructive suggestions on the legal regulation of police immediate coercive measures.The paper is divided into four parts:The first part is the definition of immediate coercive measures of public security.By referring to the German definition of "immediate coercion" and combining different theories of "immediate coercion" in the theoretical circle,we can obtain that the concept and characteristics of immediate coercive measures of public security are in line with our country’s actual situation.And then the relevant concepts of the immediate coercive measures of the public security are distinguished,and the new scenarios discussed where the immediate coercive measures of the public security are applicable are from "emergency in normal situation" to "sudden emergency in special situation".The second part is to discuss the legislative status and existing problems of the immediate coercive measures of the public security.By sorting out the legislative status of China’s public security immediate coercive measures,and clarifying the legislative model,legislative content and legislative support in this field,it can be found that there are certain problems in the legislation and implementation of public security immediate coercive measures in China.Specifically,there are lower-level laws violating higher-level laws,some legislative levels are too low,lack of procedural legislation for new scenarios of "emergency",imperfect administrative relief systems,abuse of immediate coercive measures with the attributes of executive power in criminal investigations,and discretion out of control,etc.The third part draws enlightenment to our country by analyzing the system and cases of extraterritorial police immediate coercive measures.Selecting Germany from the civil law system and the United States from the common law system as the research objects,the enlightenment obtained is that it is necessary to formulate a sound legal system,make full use of the principle of proportionality,and pay attention to the protection of human rights,to truly achieve the purpose and effectiveness of regulating the immediate coercive measures of the public security.The fourth part is based on the problems existing in the immediate coercive measures of public security in my country and the experience of other countries,which is obtained from the previous analysis.It aims to propose improvement paths from the two perspectives of the legislation and implementation of immediate coercive measures of public security,including improving the level of laws and regulations,improving procedural legislation in the new scenario of "emergency",improving the administrative relief system and clarifying the boundaries of public security administrative power,strengthening the proportionality principle to limit the discretionary power,Strengthening external judicial supervision.