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Standardized Exercise Of Police Interrogation Power In Different Situations

Posted on:2017-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:H ChenFull Text:PDF
GTID:2356330518491109Subject:Law
Abstract/Summary:PDF Full Text Request
Stop and frisk is a basic way of police service,has played an important role in the maintenance of social security,combating crimes.In china,the stop and frisk system established in a very short years,but in recent years,with the idea of the public security changed from fighting crime into preventing crime.Stop and frisk is becoming more and more important,be used in more and more police work.But because of our stop and risk system was established late,the system is not very complete,with stop and frisk is more and more used in actual combat,it exposed many problems,such as Sun Zhigang event in Guangzhou and the recent Shenzhen police to check two girls ID events.It not only causes the enormous social repercussions,also causer a serious impact on the credibility of the police,a violation of the legitimate rights and interests of citizens.Stop and frisk need to be more clear and accuracy.In this paper,combined with the actual stop and frisk work,with the characteristics of different occasions,try to make stop and frisk more batter.stop and frisk is a very strong power,it is very easily be overused.And the current legislative situation of stop and frisk,also has some problems,stop and frisk should be highly restricted.Different occasions have different characteristic,so the stop and frisk should be changed in different occasions.Many foreign stop and frisk legislative norms have he regulations of different occasions.In china,the legislative background of stop an frisk,also has specific requirements of occasions.To use stop and frisk measure in public traffic occasion,should stay on the proportion principle,and unification of power and responsibility,careful use stop and frisk measures,to ensure work quality,and pay attention to enhance the work efficiency.In semi opening occasion,we mainly focus on semi-public occasion and particular semi-public occasion.To use stop and frisk measures in semi-public occasion,should adhere to the principle of reasonable doubt,make clear and specific targets,careful search objects.To use stop and frisk measures in particular semi-public occasion,should not entering to often,carefully select the search zone,avoid entering the private residence has attribute space.At the same time,should distinguish the inventory.In private occasion,only in legal duties and tasks,police officer can entering the private occasions to use stop and frisk measures,but it should be greatly restricted,follow the principle of "at a glance",can only inspect the visible items.And we should pay attention to the distinction between personal attributes,if there is clear evidence that the person does not belong to the private place,the stop and frisk should not be greatly restricted.During the search of private vehicles,the search of personnel belongings should be more priority than the items in car.and the search of passenger should be carefully and have a reasonable doubt,protect passenger's lawful rights and interests...
Keywords/Search Tags:stop aid fisk, regulation, different occasions
PDF Full Text Request
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