Administration Or Justice: On The Distinguish Of The Police's Double Behavior

The public security organ's double behaviors include criminal scout behavior and administrative behavior, which is up to two kinds of public security organ's authority——criminal scout and administration. However at present in practice, these two kinds of behavior usually make confusion with each other, which causes citizen's rights is incapable of being guaranteed sufficiently, also it's hard to build up and increase the power of jurisdiction. At the same time, the governor power is abused. So, to study on how to really distinguish the behavior of criminal scout from the behavior of administration is quite meaningful in practice.As matter in fact, it is not difficult to distinguish the double behaviors. However in practice why does the phenomenon of"doing administration behavior under the cushion of criminal scout or doing criminal scout behavior under the cushion of administration"happens frequently? As for its reason, it's not hard for us to discover that it is because the figure of criminal scout is quite similar with that of administrative behavior, and the character of criminal scout is not clear in theory. Besides, the legislation of criminal scout behavior is amphiboles, also with the improper setting mode of governor organization and the procedural deficiency in criminal scout.Only one kinds of criterion of distinguishing the public security organ's double behaviors is not enough to answer the question and to solve the problem that these two kinds of behaviors making confusion with each other. So it is necessary to define its theoretical base further and erect some correlative mechanism to make easy for the body to distinguish double behaviors automatically and consequently to guarantee each of these double behaviors goes to its own legal orbit. Therefore, this article embarks on how to distinguish public security organ's double behaviors from many aspects and deep level. Its content consists three points. Firstly, through the comparison of administrative power and jurisdiction, the article defines the character of criminal scout as administrative behavior, but it has some juridical tendency. Secondly, the compositive criterion of how to distinguish the double behaviors is put up, which explanted from three aspects: general principle, form and essential.At last, the article suggests that correlative system should be perfected, also, the power of administration and that of criminal scout should be separated; the system of supervision to the procedure of criminal scout should be improved and judicial examination system should be established.