A Study On The Stop And Frisk Of Police

Stop and frisk, a temporary stop, frisk, cross-question and investigation to the suspects by police organs, should activate the threshold for reasonable suspicion to prevent criminals or spy on criminals. There is on doubts that stop and frisk has played an indispensable function in the aspect of public security and criminal investigation. However, if stop and frisk couldn't be controlled in the aspect of startup threshold, enforcement threshold, and remedy procedure, it will be abused by the police organs and violate the rights of citizens. First of all, if the police organs stop the relative person arbitrarily, it will violate the right to freedom of movement. Secondly, if the police organs cross-question the relative person arbitrarily, it will violate the right to decide their own information, the right to privacy. The last but not least, if the police organs check and investigate the relative person arbitrarily, it will violate the right to physical and property rights.In China, stop and frisk, also called detention for questioning, is authorized by Article 9 of the Peoples Police Law of the Peoples Republic of China which is passed in February 28, 1995. Nevertheless, the law just takes the effectiveness and public security into consideration, but ignores the essential control of stop and frisk at the same time. So we could see that the police organs always abuse stop and frisk and human rights violations occur from time to time. In order to effectively control the exercise of stop and frisk and promote the well-being for the benefit of the public, stop and frisk should be controlled through the principle of law reservation, the principle of authorizing clearing, the principle of improper connection forbidden and the principle of proportionality. Also, according to the new dual property theory, stop and frisk should establish strict standards threshold in the aspect of start-up and enforcement to avoid arbitrary right of police organs to start-up and enforce the power of stop and frisk. Moreover, the legislation should set up different relief paths, basing on the classification of stop and frisk, to make sure the rights violated by the police organs relieve timely and effectively.