Legal Thinking About The Argument Over Subway Security Checks In Beijing

Subway security checks have been carried out in many Chinese cities. Since the subway security checks were put forward in the whole subway system in 2008, Beijing has been the focus of the argument over subway security checks. Opinions are divided into two parts. Some are positive while others are negative. The subject is about people’s common life so that it’s not difficult for them to give their own opinions if they are willing to.Opinions were collected by searching the Internet accompanied with reading the newspaper and magazines considering the characteristics of different media. After the collection, these opinions are classified into four categories based on the content relevance. The four categories are whether people can refuse to have their bodies and bags checked, whether the infringement of civil rights can be tolerated, whether the subway security check can be replaced by other security measures and whether the real purposes of it are solving the employment problem and limiting the number of passengers in certain time.There are many different ways to analyze the argument over the security check in Beijing. In this paper, the method of comparative analysis, the method of quantitative analysis and the method of normative analysis are adopted to analyze the legal issues sum up from the collected opinions. The line of analysis is analyzing the subway security check based on the concepts and principles after judging which branch of the law it belongs to.The analysis contains two parts. The legal character of the subway security check is discussed in the first part. The implementing body is civil subject while the content of the method is beyond the scope of the civil law. After differentiating and analyzing the instant compulsion and administrative investigation, the security check is identified as the administrative investigation. In the second part, the subway security check is analyzed based on the concepts and principles in the administrative law. After sorting the legal document and the theory of delegation of power of authority, the delegation of the power to implement the subway security check is considered illegal. The principle of proportionality is used to make it clear whether the security check fulfills the purpose appropriately, to compare all the other security measures with the security check andanalyze whether the interests infringed and protected can be balanced. After analyzing, the answers of the three questions are all yes.Two suggestions are made after the above analysis. The one is adding the article that the power to implement the subway security check is delegated to the security service company. The other is holding the hearing before implementing the measure that the bodies should be checked as well as the bags.By analyzing the legal issues sum up from the collected opinions and making two suggestions, the paper makes it clear that summarizing and analyzing them, carefully accessing the measures and improving the legal regulation are needed to solve the problem.