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On Stop And Frisk

Posted on:2008-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:H GanFull Text:PDF
GTID:2166360242457249Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Stop and frisk is a temporary measure adopt by the police when meet the suspicious person, place or article to stop, question or exam. It is important for the social security .The essay analyzes the definition and property of it. Then make a comparative research systematically. Some problems on the law and practice of China on these issues are deeply reviewed. Finally, some suggestions for further reform are offered in the inspiration of experiences home and abroad.This dissertation consists of three parts: introduction, text, and conclusion. The structure of text is follow:Part I is about the definition and property of stop and frisk .The property depend on the circumstance. The jurisprudence basis is the reconciliation between civil rights and social order.Part II is a comparative exam of the system covered USA ,UK, Germany and Japan. Stop and frisk are well regulated in these countries by which the social order is well kept while civil rights well protected.Part III is a review of the law concerned in China. Some problems are detected such as loose regulation for the use of stop and frisk over-broad application, long detention ,and relative lack of remedy and so on.Part IV offers some suggestions on the principles and concrete measures for our stop and frisk system. Stop and frisk shall be regulated by law and abided by the principle of proportionality and due process. And the reform shall be adapted from three levels.
Keywords/Search Tags:Stop and Frisk, Property, Defects, Reform
PDF Full Text Request
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