Research On The Practice Of Stop And Frisk

stop and frisk is closely related to citizens' basic rights in the constitution and the law,especially closely related to basic human rights.Modern country under the rule of law attaches great importance to the police power and its exercise restraint,Including the power and behavior of stop and frisk.In theory,the discussion about the nature,function,system,legal norms and quarantine practice of stop and frisk of police Long-term sustained and in-depth.based on the observation of the system,rules and practice of stop and frisk,the paper reflects and summarizes the academic research,especially based on the illegal behavior of stop and frisk from the media coverage in recent years,which generated some case that has a huge casualties and other serious consequences and negative effects,More based on the direct investigation and observation of stop and frisk.We know that legal and normative stop and frisk is a kind of means and way,by which the police who on the behalf of the state and government protects the legal rights and interests of citizens,or a legal action Government uses to protect citizens' personal and property rights and interests against infringement,or a important way for police to timely discover,prevent,control,and to crack down on illegal crime's,or the needs of maintaining social order.Therefore,effective and benign the system of quarantine institution and its operation mechanism is the organic part of a legal state,a law-based government and society with rule of law and one of the important guarantee of national security,social stability and citizens' happiness.However,Illegal or nonstandard stop and frisk may damage the legitimate rights and interests of citizens,making the relationship between the police and the people worse,and destroy the authority and credibility of law enforcement,producing Irreparably social impact.Particularly last several years,all walks of life focus on those events labelled “violence”,which continuines to cause People's question of the legitimacy of the police law enforcement and the thinking of the public and scholars.In view of these situations,through experience,interview,questionnaire survey and so on,this article tries to explore the practical situation of stop and frisk in N city of Sprovince.Through the empirical research,we found that the vast majority of the police can stop and frisk with specification,civilization and rationally,but there are some factors that may lead to illegal or inappropriate stop and frisk,such as unqualified subjects of stop and frisk,the unified "Illegal crime suspect" standard,the lack of procedural sanctions on illegal stop and frisk and the single way for right remedy.Finally,Putting forward some measures,including excluding the illegal stop and frisk from the unqualified subjects,normalizing the term of launching stop and frisk,the procedural sanctions and right remedy mechanism for illegal stop and frisk,to keep the stop and frisk of police legal and proper.