On Public Security Administrative Coercive Measures And Protection Of Human Rights

According to the concept of the January1,2012implementation of the "people’s Republic of China Administrative Coercion Law" on the administrative compulsory measures, the public security administrative coercive measures defined for the public security organs in order to maintain and implement the administrative order, and continue to develop the prevention and suppression of social hazard events and illegal behavior, temporary restraint or limit the right of disposal of the compulsory behavior for particular citizens, legal persons or other organizations of the people’s life and property. Public security administrative coercive measures to the public security organ is an important administrative law enforcement right of public security administrative coercive measures, the implementation of the public security organ or the administrative relative party influence.Public security administrative coercive measures is the principle of legal principle, fair principle, open principle, efficiency principle, these principles reflect the value orientation of the respect and protection of human rights. The so-called human rights, refers to "man, because the people should enjoy the rights", which means everyone should be treated with human rights. In today’s international society, maintenance and protection of human rights is a basic moral principle, but with the development of society and the progress of people’s ideology, the concept of human rights is already win support among the people, respect and protection of human rights have become a significant symbol of modern democratic politics and important content. In today’s mainstream social constitutionalism system, constitutional generally defined human rights Ming refinement and legalization. In2004March China will "respect and protect human rights" into the constitution of formal rules and the report of the17th Congress to "respect and ensure human rights" in the constitution, the construction of human rights of our country enters a new period of rapid development, the protection of human rights in China has seen heavy higher degree.Public security administrative coercive aims to ensure complete implementation of statutory obligations, to maintain the normal social order, safeguarding social stability and security, protection of citizens, legal persons or other organizations of the legitimate rights and interests from violation. As a compulsory administrative measures of public security administrative coercive main form, its ultimate goal should be consistent with the public security administrative enforcement, nature is directed at the protection of human rights, which is the essence of our socialist country’s decision. However, in the actual operation process, public security administrative coercive measures is a double-edged sword, it helps to realize the public security administrative management goal, but because of various reasons, also poses a threat to the legitimate rights and interests of the relative party.This paper mainly includes the following contents:one is discussed in the face of public security administrative coercive measures from the layers of theory, concept, and characteristics related to public security administrative coercive measures to implement the principles; the two is introduced and present situation of public security administrative coercive measures of our country; the three is the refraction of the public security administrative coercive measures of our country in the protection of human rights. The status quo, and analyze the causes of the problem; the four is based on the above analysis and combined with the situation of our country, puts forward the public security administrative coercive measures to strengthen the construction of the rule of law, the public security law enforcement team construction, improvement, development to promote the protection of human rights in the public security administrative coercive measures.