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Research On Police Administrative Enforcement Measures In Emergencies

Posted on:2016-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z WangFull Text:PDF
GTID:2296330482454977Subject:Law
Abstract/Summary:PDF Full Text Request
Currently in a key period of social development in our country, in the process, everywhere is full of opportunities and challenges, and at the same time, the illegal and criminal acts and emergencies in the number and variety of over the past ten years increased significantly. And because of the influence of all kinds of social contradictions and conflicts of interests in emergencies is expanded, so the police to take administrative enforcement measures need more rigorous, more standardized system to maintain, in our country at present most of the administrative compulsory measures are set based on the normal social relations, in the face of unexpected events to social stability and people’s lives and property caused by threats and damage, these statutes now is difficult to fully effective response. And the public security organ for the maintenance of social stability of the important state machine, its in the exercise of official duties, law enforcement the necessary inevitable will encountered emergencies appear even endanger personal safety and other emergencies. At this time, the police in their exercise of administrative coercive measures can maximize control developments and to reduce the damage occurred and expand, and ensure the normal performance of law enforcement behavior. In the process of the occurrence of unexpected events, once the emergency needs the police force, this police compulsory administrative measure can for the execution of people’s police force to provide reasonable theoretical and legal basis for. At the same time, it is very important to regulate the police administrative compulsory measures for the people’s police and the relative per capital. In the event of unexpected events, how to ensure that the police mandatory administrative acts of the legality and legitimacy, but also fair and reasonable restrictions on private right exercise is in emergency, the public security organs to implement police administrative coercive measures to evade and urgent needs to solve a practical and theoretical proposition.In the event of an emergency police administrative compulsory exercise of the right of direct purpose is to maintain national security and public order of peace, in the exercise of the inevitably due to the limitation of the freedom of the people of the power. In addition, the police forced the right to citizen’s freedom, rights, property restrictions and deprivation, the police in real life right infringement of citizens’ rights phenomenon repeated, although the quality of police and law enforcement level has increased, but we also cannot ignore the right of the police force which, in the event of an emergency police enforcement measures must have a clear scope and strength, only in strict accordance with the statutory category, range, procedure to exercise in the event of an emergency police enforcement power, in order to make the police compulsory exercise right, rational degree, so, we should pay special attention to the formulation and implementation of the police emergency administrative coercive measures, on the exercise of police administrative enforcement measures to regulate, to prevent the abuse of police power of administrative enforcement, to better safeguard the public security and social order, safeguard the rights of citizens. This paper by comparing the domestic and foreign related theory and legislative achievements, and strive to answer how to regulate police compulsory administrative measures in emergencies in the exercise, and maintaining social order and people’s life and property safety.This paper will inevitably be inadequate in the analysis and suggestion of the police administrative compulsory measures in the event of emergency, and it should be further improved. The author hopes to clarify the emergency in police administrative enforcement measures related to some of the legal issues at the same time, better regulation of police administrative action to promote the harmonious development of society of our country, reduce the social contradiction.
Keywords/Search Tags:Emergency State, Police Power, Administrative Compulsory Measures, Discretion
PDF Full Text Request
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