Study On The Procedural Regulation Of Police Administrative Power In China

As a kind of publc power,the police executive power has the same characteristics as other powers.First,it touches the wider social life,can exercise more coercive means,and the scope of discretion is bigger;Second,it also exercises the criminal investigation power and administrative power,the nature of this dual subject also makes the possibility of abuse of power becomes larger,it is necessary to police police administrative system of procedural regulation of the problem,but at present our country has not developed a unified " Administrative Procedure Law".Judging from the relevant provisions of our country,the rules of procedure exercised by the police administrative power are mainly scattered in different special administrative laws,such as"Administrative Enforcement Law","Administrative Punishment Law","People's Police Law,Administrative Procedure Law "And the regulations on the Ministry of Public Security issued by the" public security organs for administrative cases procedures,public security organs to apply for interrogation provisions "and other laws,these provisions established the principle of the police administrative power of the law.Our legislation on the regulation of the administrative power of the police has played a positive role in regulating the process and behavior of the police,protecting the rights of the public and maintaining social stability.However,the above legislation still exists beforehand,the procedure is not complete,the administrative compulsory "emergency" is not clear,the administrative compulsory afterwards remedial procedure is not complete,the administrative procedure is not complete legal and other issues.At the same time,in the practice of law enforcement,China's police law enforcement subject does not meet the statutory situation,law enforcement law enforcement and law enforcement deadline and other issues.With the immigration system of our country,the regulations are not perfect.Most countries in foreign countries and regions are relatively perfect,practical operation and supporting facilities/equipment are more mature.They have certain reference significance to our country in related system and stipulation.From the basic national conditions of our country,we will draw lessons from the relevant experience of foreign countries,and we propose to improve the system of police administrative power in the aspects of police pre-procedure,administrative compulsory "emergency" and "after emergency remedy"and the improvement of legal liability of police administrative procedure Regulate the idea.