On The Application And Perfection Of Administrative Coercive Measures To Restrict Personal Freedom In Public Security Organs

This article mainly discusses the problems existing in the enforcement process of public security organs for the administrative counterparts to choose and apply the restriction of personal freedom administrative coercive measures from the aspects of the subjects,objects,procedures and the application of law in the actual enforcement of public security organs.With the continuous improvement of the legal system and the deepening of the idea of protecting the human rights law enforcement,our country puts forward the goal of transforming the administrative law enforcement function from the management function to the service function step by step.The realization of this goal requires the public security organs to fundamentally change the original concept of law enforcement,strengthen the awareness of human rights protection in the actual law enforcement,in order to reduce the infringement of the rights and interests of the administrative counterpart,and make more education and suggestions.In order to reduce the application of compulsory measures,to strengthen the service consciousness of public security organs,to strengthen the service consciousness of public security organs,to build a bridge of cooperation and trust between the administrative counterpart and the public security organs.The public security organ is entitled to implement the restriction of personal freedom of compulsory administrative measures of administrative power the largest administrative organ in many administrative organs in the body,is also involved in this kind of illegal administrative behavior.The most suitable restriction of personal freedom of compulsory administrative measures can effectively maintain social order,protection of enterprises and institutions,realize the citizen's administrative purpose the defects of the existing legal system,but based on the abuse of administrative power,the reason why the supervision mechanism is not perfect,so this kind of illegal incidents.Therefore,this article firstly takes the basic theory as the breakthrough point,clarifies the basic concept,the basic theory and the law stipulation which the public security organ can carry out under the existing legal system to restrict the personal freedom administration strong measure.It also puts forward that the public security organ should apply the administrative coercive measures to the administrativecounterpart according to the legal procedure on the basis of the legal authorization and on the basis of the legal and reasonable administrative purpose.The public security organs should pay attention to the service function and protect the rights and interests of the citizens.Secondly,this paper analyzes the typical cases,and points out that the public security organs in the law enforcement subject,administrative purpose,law enforcement procedure,law application,law enforcement object.It is the basis of further exploring the defects of the existing legal system.Finally,on the basis of summing up the foregoing,the author systematically analyzes the reasons for the violation of the law,deduces the commonness by individuality,and puts forward the following points: insufficient legal system construction,unclear subject of implementation,weak operability of implementation conditions,imperfect implementation procedures,etc.Insufficient supervision,etc.In view of these problems,this paper puts forward six suggestions,such as clear implementation subject,perfect implementation condition,time limit,procedure,strengthen supervision,perfect relief way and so on.