Legal Control Over Security Inspection

Security inspection is one of the most useful measures to ensure the public security, especially under the circumstances of Anti-terrorism and conducting the large public movement. The enactment and enforcement of the measure caused drastic arguments in Europe and US. Although there is no such argument in our country, it is necessary to research the legal control over security inspection.Generally security inspection is a type of the administrative inspection.The legal character of the administrative inspection vary from the administrative legal conduct and the administrative fact conduct, the independent conduct and the assistant conduct. In my opinion, security inspection is the administrative legal conduct with the perspective of legal relationship while the independent conduct with the perspective of administrative process.Security inspection will restrict or influence the right and interest of the private party under some circumstances since it is an independent administrative conduct. Therefore it is vital to control over it. First, we should control it by the Administrative Legal Principle, including the Principle of Legality and the Principle of Proportion.We should control over it by enforcement procedure. The most important parts of the security inspection procedure are explainning reason, enforcing inspection, apprising the result and the right. Legal disputes occur in the enforcement of the security inspection. It should be resolved by the administrative review and the judicial review.