Study On Principle Of Limit Of Public Security Organ's Public Power's Getting Involved In Private Right

In our country, Public security organ, in the sequence of all the state organs, belongs to administrative ones, but it is different from general administrative ones, it is not only a public security administration force but also a criminal judicial power, which is armed. It is the most extensive public power of state organs. No matter from the view of legislation or judicature, without adequate Supervision and restriction for Public security organ, its power will dissimilate into evil force to infringe private right. Protection for private rights has been strengthened continuously from the bourgeois established the regime, development has become the most broad national legislation pursuit. In China, due to Public security organ with a large public power, and to every aspect of life and production, it is not only individual privacy, the protector of private right but also an infringed threat. Laws and regulations, should not only limit the power running of public security organ, but also demarcate public power and private right and prevent public security organ from crossing into some private right field. In order to achieve these proprietary completely protected. So, how to demarcate the limits? Firstly, we should establish the principle of demarcate the limits, only under the guidance of this principle, can we more accurately demarcate the limits. Only the restriction research is not enough, for it denied that the individual has absolute private rights field. The author, engaged in police training, through long-term practical investigation, found that, to effectively prevent the public security organ from encroaching on personal privacy, we must firstly delimit between the boundaries in public power and private right, which is a basic issue of theory. On the one hand, we analyze the present situation and phenomena in criminal judicial activities and administrative law enforcement activities. We see the essence through the phenomena, further to find the causes of the existing problems. Both in judicial and institutional reasons, there are also private prosecutor. Based on the principle of search delimit limits, from the legislative basis and theoretical basis and practical basis, Finally, the principle of boundary in principle, principle of Intervention banned, Intervention buffer, and intervention appropriate, this paper points out that these principles to specific application of ones. The author adopt logical syllogistic method to analyze and then point out the existing problems, find the causes of the existing problems, and, in the end, point out the solving methods. Mainly rely on their own research, screening, first-hand data analysis, and summarize the research works, refer to the individual and the view of purpose, arouse more in-depth study of this problem in theory. For the legislative, judicial and law enforcement activities all contribute to the point.