The Discussion On Legal Nature Of The Armed Police Force’s Mission Of Public Security

The army is responsible for national defense and police maintain public order.Separation of the army and police is around the world.In China,Domestic security work is an important duty of public security(police) agencies, is also the most important task of armed police forces in peacetime.In accordance with the provisions of the current legal system, police and armed police on security tasks duties, work together to complete the security tasks to ensure the security and stability of the country and the people live and work.However, the legal nature of armed security task execution behavior of the current practitioners and theorists no clear conclusion.Investigate its reason, according to the People’s Liberation Army Armed Police are preparing a system established by the armed forces and the PLA and militia which together constitute the country’s armed forces system.Armed primarily responsible for security tasks entrusted by the state to maintain social order, and the army is based on war or preparing for war as the center.Armed forces and the formation of public security of the military to perform tasks on the way, which has resulted in the free edge of the often-criticized police.Promulgated the " People’s Armed Police Law of the People’s Republic of China", the implementation of a law enforcement is clearly armed forces, armed security behavior is legal certainty.In this paper, the author tries to define from the administrative point of view of the legal nature of armed security, in order to initiate and to clarify the relationship between the armed forces and the power to enforce the security tasks of the armed police into the category of executive power.In this paper, I start with the definition of the existing legal regime of the legal nature of armed security for detailed analysis. In the analysis of the legal system, I found that, at the national level, the fundamental law of armed security provisions of the legal nature of the behavior is not obvious, the author analyzed using the comparative analysis of the constitutional authorities can set up security forces in ethnic autonomous provisions found that there are many aspects consistent with the armed forces; analysis of other laws and regulations, and also be able to find the current legal system to conduct armed security laws have a more significant qualitative nature. Secondly, through the analysis of legal acts, administrative acts and acts of military concepts and features, more in-depth Analysis of the behavior and armed security-related behavior theory, terms from the "armed" and other laws and regulations can be seen armed entrusted the implementation of Security the task is to defend the behavior of legal acts, has legal significance. Administrative acts and acts of military behavior is legal concepts expressed in specific areas of law departments, as well as security and armed police behavior most relevant behavioral theory. Currently theorists dispute the legal nature of the armed security mainly administrative act that says military action and armed behavior said. By analyzing its behavior theory is nothing more than a combination of military action and administrative action theory. Ultimately, the focus of the academic theory of armed security behavior is controversial Armed security behavior should belong to administrative action or military action. Finally, the author uses the administrative law theory of administrative acts constitute, respectively, from the administrative body, the executive power and other aspects of armed security conduct in-depth analysis, the behavior is not only an administrative act is a typical example of police administrative acts. In addition, the author from the armed police status and the right relief way and puts forward some suggestions on the perfection of the legal security of armed police.