Research On Internal Prevention Mechanism Of The Police Abuse Of Mandatory Administrative Measure

Administrative compulsory measures are indispensable means and measuresoften used by the police organization to achieve the effective administrativemanagement, however, in the reality, the implementary effect of police compulsoryadministrative measures is not satisfactory, the police organization and the police areusually reported by the medias or lodged a complaint because they violated theprovisions of legislation. To some extent, the abuse of administrative compulsorymeasures has become the most serious problem in the abuse of police power abuseand administrative power. Police administrative enforcement measures sacrifices orlimits administrative relative person’s rights and interests, in order to implement thepolice organization administrative purposes. Once misused, it will damage the rightsof administrative counterpart, social harmony and our legislation greatly. On the onehand, the police compulsory administrative measures play a essential role duringadministrative management,On the other hand, it is easy to be abused and alsohappens a lot in reality; Therefore,how to put into effect legally and accurately policecompulsory administrative measures in order to conform to requirements ofadministration according to law is problem in front of the police organization atpresent.Although we are pleased to see the eleventh the standing committee of theNational People’s Congress has passed <the people’s Republic of Chinaadministrative law enforcement> at the21th meeting in June30,2011, but weshould aware that as the law is passed recently, police organization sometimes can notimplement accurately, even continues to act irregularly, all these behaviors causegreat chaos. Illegal, abuse and confusion of administrative compulsory measures areprominent in the law enforcement, which affects police administrative compulsorymeasures functions.In vies of this,this article aims at police’s practice, and discusses policeadministrative enforcement measures from four aspects. On the basic of comparingthe difference on concepts, system divide, theory of police administrative enforcement implement between China and foreign countries, the article tries todiscuss the connotation of China’s police administrative enforcement measures. andinduces form and present situation of police organization’s abuse through analyzingpractical cases. Then this article tries to find out the reasons of police organization’sabuse of administrative enforcement measure by analyzing its species and methods.And references foreign countries’ achievements and experience, proposes suggestionson improve motivation mechanism, strength train and improve internal supervision.This article research police’s abuse of administrative enforcement measure, hopeshelp to prevent police’s abuse of administrative enforcement measure and attractattention and research to police’s abuse of administrative enforcement measure.