Research On The Indigenization Construction Of Police Prompt Inspection Rights

The police prompt inspection rights refers to the power of the police to conduct temporary inspections on individuals,their belongings,transportation,and certain places suspected of being involved in illegal activities or exhibiting suspicious behavior while performing tasks such as patrols,investigations,and daily duties.The police prompt inspection rights is an important component of police power and a necessary means to maintain citizens’ rights and social order.This article explains the theoretical basis for the construction of temporary inspection power from three aspects: public safety,social control,and crime prevention,and identifies the principles of statutory authority,human rights protection,and proportionality as the basic principles of police prompt inspection rights.As a type of administrative power with coercive force,there is no specific legal provision for police temporary inspection behavior in the Chinese mainland’s laws.Relevant regulations are scattered in various types of laws,regulations,and normative documents,which leads to problems such as unclear conditions for temporary inspection,imperfect procedural settings,unclear power boundaries,and inadequate supervision and relief,which can easily result in the expansion and abuse of police prompt inspection rights and infringement of citizens’ legal rights.Based on the current situation,this article summarizes the academic theoretical achievements on the police prompt inspection rights system at home and abroad,and analyzes the institutional norms of the police temporary inspection power in Germany,the United States,the United Kingdom,Japan,and Taiwan region of China.By examining and drawing on the legislative and practical achievements of police prompt inspection rights in different regions,this article proposes a specific path for the localization of police temporary inspection power construction,focusing on the four aspects of the conditions for temporary inspection:procedural settings,power boundaries,supervision and relief and proposes specific normative requirements for the entire process of police prompt inspection rights from initiation,execution to relief.Specifically,the exercise of temporary inspection power should have objective factual conditions and subjective identification conditions,the temporary inspection procedure should include subjects,objects,time,initiation standards,and special object protection,and the boundaries of temporary inspection power should be determined based on distance range,intensity of measures,and operational requirements.The internal and external supervision system of temporary inspection power and the relief system of citizens’ rights should also be improved.The construction and improvement of the police temporary inspection power system can effectively maintain the authority of police law enforcement,promote the legal and standardized exercise of law enforcement power,strengthen the protection of citizens’ rights,and provide a more solid legal system foundation for the comprehensive promotion of the construction of a rule of law country.