On Police Inspection Behavior And Legal Regulations

Considering the human rights, this paper analyzes the qualitative of policeinspection in our country, combining the operation status, and seeking the perfect way.The qualitative of the interrogation is the premise of constructing interrogation system,closely linked with right protection, legislation, judicial supervision and lawenforcement. Learn from foreign relevant interrogation system and theory, combinedour actual situation of our country; explore the analysis of the legal attribute, type andcharacteristics of interrogation system. This paper explains the understanding of theconcept of interrogation of our country. Interrogation is widely used as a policecompulsory measure, due to legal shortage in existing entity and procedure, lack ofpowerful and strong judicial supervision mechanism, and public security police as thesubject of interrogating under the "binary system", the misappropriate or abuse oftheir powers illegal phenomenon emerge in endlessly. Facing with the problems inlegislative, judicial and law enforcement, author researched on the basis ofinterrogation legal attribute and gradually further discussed, put forward regulationregarding those key problems of interrogating measures. The purpose is to regularizepolice interrogating right, ensure citizens’ right are not unlawfully infringed, the finalpurpose is to build up interrogation system in accordance with our China’s nationalconditions.According to the contrast analysis of the three theories, the author demonstratesthe qualitative of police inspection from the view of protecting human rights, combingthe legal standard and the judicial practice. Then through studying the inspection type,comparison of the relevant definition, detail explanation of its characteristic, fullylearn the police inspection, setting a solid foundation for further problem analysis andregularize solutions. The author compares the four types behavior with thecorresponding criminal coercive behavior, to distinguish interrogating with criminalcoercive measures, and then type the interrogating, demonstrates China types, goodfor carrying out rules. Through introducing current operation situation of interrogatingsystem, clearly analyzing from three aspects, the legislative, judicial and lawenforcement to find out current existing problem. Referred to the advanced theory ofworld countries, analyzing the shortcomings of our country’s current system, and trybest to find a way of perfecting the inspection system. The author based on the current existing problems of police inspection, and in accordance with China’s nationalconditions, put forward the constructive rues...