Research On The Rationality Of Administrative Enforcement Of Law On The Public Security Police In China

Public security police are different from the criminal police investigation police, traffic police and other police species, the function of the exercise have a common characteristic, but also have its particularity, mainly reflected in three aspects: law and order law enforcement environment diversification, law and order law enforcement object complexity and law enforcement law enforcement changes. Compared to other law enforcement forces,law enforcement police's law enforcement environment is more diversified,the police situation break through the time and space constraints,when the masses received the report, the security police will rush to the scene in the first time, in any case first of all to face the contradictions, direct contact with criminals. The case encountered is not yet qualitative,so the face of the law enforcement environment is more diversified, may be civil or criminal, encountered a variety of cases on the decision of the security police a variety of law enforcement environment; China's public security police bear a number of responsibilities, including the maintenance of public order in public places, the handling of general offenses, the prevention, detection and avoidment of offenses, the management of special industries and dangerous goods. In order to ensure that the security police in the administrative law enforcement process can effectively carry out its functions, the law gives the police some special power. The duties and powers of the security police are required to deal with various problems and disputes in law enforcement. When the case is handed over to the criminal police, it means that the nature of the case is basically identified,and the security police are generally issued by the command center of the public security organ or the masses reported directly to the scene, only a simple report is difficult to determine the nature of the case, the security police first contact with the scene, the face may be a major criminal case or civil cases, this uncertainty will face complex law enforcement object;The law provides that the security police can be relative to the human and property aspects of the implementation of administrative coercive measures, but also according to the scene to mediate. According to the law, the policewoman can not use the binding police equipment for the general law and order object. However, there are some non-binding police equipment in the grassroots level. In practice, handcuffs are used to prevent the escaping of the parties. After analyzing the particularity of law enforcement police law enforcement in our country, this paper sums up the unreasonable phenomenon of public security police in administrative law enforcement, that is, the abuse of law enforcement law enforcement discretion and law enforcement law enforcement process is not correct. Law and order enforcement of the main body and the management system on the lack of law enforcement will lead to unreasonable appearance. Therefore,it is necessary to strictly enforce the law enforcement law and standardize the law enforcement law, and perfect the legislative mechanism to strengthen the restriction and supervision so as to realize the rationality of law and order.Public security police to maintain social order, for illegal cases, especially at the grassroots level, play an important role. The rationality of administrative law enforcement is not only the need to protect the legitimate rights and interests of administrative opponents, but also to control the abuse of police and police powers and realize the law enforcement of public security police.