China Police Immediately Forced The Legal Regulation Of Behavior

The police compels behavior to be administration immediately force one of important science of law field content, it takes country's comelling force as means, nature and mandatory etc. lays stress on a characteristic immediately taking the right sacrificing or restricting the relative people of administration's as price reach administration state anticipated that by police organ, have. At present, "administration of our country compels law " (ask for idea draft) to appear personally , the theory boundary , reality are engaged in a boundary having raised one new wheel upsurge to coercive research of administration, our country administration science of law studies self own's overall level classics has had very big degree rise. But, about the police, in branch law, police mandatory administrative measure research still is not enough to go deep into , still there exists many problem in practice. The relevant police who happens in succession over the past few years is put into use compelling behavior not to think that encroaching on relative administration person right law case thereby makes us feel deeply immediately , we must take seriously police mandatory administrative measure in studying in administration science of law , is gives a gauge system in law , is provides a little enlightenment to expect that the police compels the behavior system immediately to structuring our country if needing to found the law-ruled country who takes ensuring people's fundamental right and liberty as target.Premise compelling behavior to put current situation into practice immediately in the police who studies overseas relevance system and our country goes down the main body of a book , divides into tripartite mainly. The main body of a book Part I complies with immediately coercive fundamental police theory starting , face to face, administration forces to have carried out the concept analysis immediately, the police compels behavior immediately, right away, several concepts compelling the easy alias of behavior immediately in practice middle and the police carries out differentiation , uses with line easy to more fine in the practice working; Have summed up the police compelling main body specially appointed, the force putting way into practice had by behavior to wait for a characteristic immediately; Have set forth our country police immediately force behavior means kind, compel diversity of the marriage partner in the light of, compel the behavior means mark immediately for checking property to person,to lieu, face to face overseas together Germany , Japan and Taiwan of our country area police compel a means to be in progress inspecting , finding that to expect that immediately face to face in the future our country police immediately the behavior legislation have using an effect for reference and helping. The main Part II police to our country compels behavior current situation and problem to carry out analysis immediately, and sums up out having Yu law and practice some in two aspects problem. One aspect brings about police administration authority excessive expansion after the problem that these laws face tier being concretize, right of relative people of administration is especially small and weak; The police has no way to abuse right's to relative people of administration on the other hand in some occasion behavior gives restraint; Bring about inactivity of the part police at the same time enforcing the law. But, police mandatory administrative measure has in common problem shown out by practice middle; The main body legal , oversteps self s authorities to be put into effect, procedure breaks the law , abusing applying to the law mistake , the discretion waits. Part III has expounded mainly to perfect our country police immediately force behavior system idea. And part station the police ascertaining that in previous article compels localized behavior value base point immediately, Taiwan Province condition having inspected the police compelling system to Germany , Japan and our country having long history immediately, aspect such as putting condition into practice, superintending system , relieving system from legislation , principle , procedure, has brought forward some method perfecting our country police mandatory administrative measure. These method carrying out will provide beneficial help for standard our country police compels the behavior legislation sum to be put into effect immediately , rights and interests that can use the relative people of administration gains the protection being more entire.