Study On Property Rights Protection In Police Administrative Detention

The administrative detention, as an important component of mandatory administrative measures, is a specific compulsion which subject of law enforcement take according to law in order to reach a certain administrative purposes and protect administration carried out smoothly. The administrative detention in this paper only means that the public security organs should adopt compulsory detain opposite person's wealth, limiting their continued possession and disposal of property ownership, and making the wealth break away from the opposite person's control and turn to the public security management and storage. Detention is a kind of administrative compulsory measure frequently used by public security organs, and it has the particularity of which a direct effect could be taken on opposite person's property rights. If the management of public security administrative detention of norms is not strengthened and legal consciousness of which opposite person's property rights should be protected by the police team is not improved, then the public property rights would be damaged heavily, causing to the disadvantage of social stability. Therefore, regulating the police detained in the whole enforcement procedure plays crucial roles meanwhile, to a certain extent, it also improves police administration efficiency and ensures the smooth going of the public security administration and stability of social order.With the development of economy and society and progress of the ideas, besides property rights has been formulated as basic civil rights in the Constitution, our country has already started to promulgate and implemente the laws of maintenance of private rights of citizens. However, these laws are among the latecomers and new concepts, so that they are not intergrated very well with departmental laws, in addition, there is no detailed specification and complement in the specific administrative detention measures. In consequence, this paper firstly defines and analyzes that public security administrative detention belongs to mandatory administrative measures, and suggests the necessity of strengthening property rights in the specific security measures; Then this paper mainly analyses and summarizes the current situation of the protection of property rights in public security administrative custody in China, including the legislative situation and law enforcement situation of public security administrative detention, and the harm of citizen's property right violations in the enforcement process; At last, synthesizing the above of the current situation, the author puts forward specific measures to perfect the administrative attachment of property rights in the protection of public security, namely, establishing and improving mechanisms for the seizure, changing the concept of law enforcement, strengthening to build the administrative law enforcement team and improve the supervision mechanism of administrative law enforcement and so on, which are aimed to regulate public security administrative detention to protect the legitimate citizens'property against violations of public power, as to guarantee citizen's property.