On The Legal Regulation Of Police Administrative Assistance

In response to the general trend of integration,efficiency and legalization on modern administration,employing administrative cooperation to promote the efficiency and lower the cost has become necessary.With the integration,efficiency and development trend of modern administrative legalization,administrative cooperation has become the important choice to promote administrative efficiency,economical administrative.To fully realize the compellent effectiveness of state machine,the police is widely and frequently required to provide assistance,which is so-called police administrative assistance.Police administrative assistance refers to the public security organization invited by other functional departments of the government.In this system,the police participate in or assist to complete other functions of the government administrative activities of administrative act.Establishing a scientific and orderly police assistance system and implementation of the assistance of the police intervention in the behavior of effective legal regulation can not only regulate powerful police might but also provide new addition to the good administration to achieve good governance of government,and modern administrative goals.Represented by Germany,Japan,Taiwan,the civil law system country region,the main stipulation of police administrative cooperation is explained in the procedural law.In China,Because there is no unified administrative procedural law in our country,most of sporadic provisions on the administrative assistances are regulated in various kinds of laws,resulting in practice and assistance of widespread behavior,especially in the highest probability police help behavior lack legal regulations for a long time.can't realize effective protection the administrative organ,the public security organ and relative person of,have no assistance to establish a good and orderly administrative.At present,the academic study of administrative assistance is still in the fundamental stateand needs further in-depth research and legislation.In this dissertation,based on the current law,we explain the background of the functions and powers,explore on the basis of other country legislation present situation,to the situation of legislation and practice of police administrative assistance to discuss,and put forward the Suggestions to the police administrative assistance system to regulate and thinking,covering subjects,conditions,principles,procedures and cost,responsibility,controversial aspects,hoping the police administrative assistance system provides a whole legal standard,getting rid of the duty of fighting crimes,serving the public administrative management professional,reduce the excessive use of force and police,to shape good law enforcement,public security organization and administrative organiazation and build a harmonious and orderly civil society.This paper consists of three sections,including introduction,text and epilogue.Especially,we divide the text section into five chapters.The first chapter are the summary of police administrative assistance system,which begin from the basic concept extended to the police administrative assistance,administrative assistance system of concrete concept,compare with the similar concepts in according to different standards,explain its classification,features and clear its significance.The second chapter for the legislative status and existing problems,from two aspects of legislation and practice this paper expounds the status and problems of police administrative assistance.The third chapter is to learn from foreign mature legislation,legislative thinking can be reference to put forward for the next step.Chapter four for police assistance system in China shall abide by the basic principles and legal basis,and state the concrete information on this foundation.Chapter five for police assistance system for regulation of concrete thinking,in choosing a detailed model,on the basis of the subject,making a detailed elabration on scope,procedure,responsibility,relief,supervision and other aspects.