The Protection Of Administrative Law Enforcement And Private Rights

Police law enforcement standardization is the current outstanding problems to besolved urgently in law enforcement against vice activities. Although the case has beena long time, but set off anti-pornography illegal strike today in various places,frequently appear wanton aggression against the legitimate rights of citizens in publicpower, the couple watch the yellow disc of deep thinking again, no doubt to thenormative importance we attach importance to law enforcement warning. On coupleswatch yellow disc case of discussion, I does not like past of scholars only on case inthe of police law enforcement, and invalid acts, and residential not violations, andhuman rights, single problem for detailed of discussion, but take on this case involvesof law enforcement legitimacy, and residential nature, and resistance due sexual, andadministrative compensation and administrative compensation of difference, problemare for analysis, to as possible comprehensive to analysis this case involved ofadministrative law problem.On this case of analysis, first, from administrative legal system, analysis this casepolice does not has law enforcement based on, couples II people watch yellow discacts does not illegal and this case night clinic of nature is private residential places,turn concluded that police on couples in residential watch yellow disc acts startedinvestigation right is does not legitimate of, entered homes on couples II people ofserious defects of violence law enforcement more is violations has couples II peopleof legitimate right. Second, derived from legal and administrative law perspective,citizens in the face of danger to their life and major property of serious flaws carriedout acts of resistance is legitimate law enforcement, citizens are legitimate acts ofresistance the indiscriminate police found that arrests for obstruction of official dutieswhich is suspected of abuse of power. Again, from executive compensation and thecompensation for the difference between the two, analysis pagoda Public SecurityBureau paid to the parties in the present case medical expense and delay of29,137 Yuan, was named "compensation", but it“punitive damages”. Finally, point out theadministrative law enforcement malice against the legitimate rights of citizens by social harm,physical harm to their legitimate rights and interests of society and citizen’s direct result tomeasure is not enough, should also be on the administrative law enforcement malice against thelegitimate rights of citizens by social value imbalance and its adverse effects have fullunderstanding.