The Research On The Regulations Of Police Right Of Inspection In China

Administrative execution authority, main part of police power,has an immediate connection with rights of the public and the abilization of the society.It is undeniable that the wide range of power of police authorized by laws and regulations on basis of the country's current legal system and social development has led to abuses in practice.Such situation has drawn the attention of many scholars.For some time, regulating right of administrative execution of police has been a hotspot of research among scholars and law practitioners and many useful ideas and suggestions have been made thereof.There is no power that can be executed without restriction. Administrative execution authority is no exception.However,theauthor holds that, on the current situation,regulating administrative execution should also be attached great importance.Regulation and restriction are two distinct and co-related concepts.Regulation is mainly concerned with the procedural improvement of the issues emerged during the process of administrative execution, including the correct execution of police and the protection of their lawful rights.Based upon the much too formidable administrative power of police,restriction is proposed to help to enhance supervision and confinement of the administrative power of police for purposes of protecting the rights of the counterpart of administrative execution who are on a relatively weak position.On basis of analyzing the current situation of administrative execution of police in China,pursuant to the basic thought that regulation and restriction shall both be attached importance to,the author intends to have a deep study on the doctrine and mechanism of regulating and restricting administrative execution authority of police,the purpose of which is to maintain public security and protect rights of the public.The well-functioning of theadministrative power of police will contribute to harmonious and stable development of society.This thesis will concentrate on regulation and restriction of administrative execution authority of police and discuss from the following aspects:The first part is about summary of the administrative execution authority of police,how tension between power of police and rights to balance of how the enact in laws and regulations,how control of police power and efficiency of administrative institutions.Discussion of these issues will guide the expatiation for the following paragraphs.This thesis lists four issues:first, discretion of police is too much for the policemen to misuse;secondly,unfair execution which arose"industrialized administrative execution";thirdly, policemen in China have little knowledge of following procedures and thus procedures are not strictly obeyed;fourthly,neglect of human rights,violation of human rights can seen everywhere.Regulating administrative regulation and form a normative and systematic administrative execution system;principle of proportion shall be introduced to regulate administrative execution authority of police.The second part is about the execution authority of police in China.The author will compare doctrine of administrative execution authority of police in China and abroad.There are two modes of executive power overseas:control mode,represented by Britain and United States;by German (before World War II).However,management mode,represented most countries hold the view shall be on based on limiting and controlling power, namely,executive authority shall not intervene too much in private affairs but shall make all efforts to protect freedom and automaker of individuals.Role government is to apply the law,maintain public security The and defend the frontiers.Raditionally,China is obligations-centered,which means that individuals shall bear the responsibilities for the emperor,the country,the society and for others.Consequently,during the execution of police power, rights of individuals are not paid much attention and status of rights of individuals is not defined clearly.We could conclude from the of comparison above that constitutional governance and protection human rights shall be the important doctrine that is preserved during administrative execution of police,or administrative execution authority will not be accepted by the public and will not be able to play a positive role in the management of social affairs.In the third part,the author will analyze in a deep way issues took place during administrative execution of police and contend that it is necessary to regulate and restrict administrative execution authority of police and to resolve the issues took place during administrative execution.This thesis lists four issues:first,discretion of police is too much for the policemen to misuse;secondly,unfair execution which arose industrialized administrative execution;thirdly, policemen in China have little knowledge of following procedures and thus procedures are not strictly obeyed;fourthly,neglect of human rights,violation of human rights can seen everywhere.have a primary study on regulation of administrative execution authority of police and some suggestions will also be put forward.Firstly,doctrine of administrative execution(meet the needs of the public,protect human rights,decrease use of weapon,procedures first)shall be correctly observed;secondly,regulating administrative regulation and form a normative and systematic administrative execution system;thirdly,principle of proportion shall be introduced to regulate administrative execution authority of police.