Research On The Application Of Immediate Coercive Measures In Police Administration

The police administration immediate coercive measure is a mandatory law enforcement method often adopted by the police in law enforcement,Most of the police law enforcement measures stipulated in the people’s police law belong to the category of the police administration immediate coercive measure.However,the existing research mainly studies administrative immediate coercion in the subject system of administrative law,but few scholars have studied the police administration immediate coercive measure from the perspective of police law.Some hot cases of media exposure in recent years,for example in the cases of “The Lei Yang case”、“The police in the Shenzhen BaoAn district check ID Case”、“the Shooting case of AnQing Railway Station”、“The case of kneeling at the time of law enforcement by Handan traffic police ”,All kinds of problems in the application of the police administration immediate coercion measure have been exposed,Mainly including: the immediate compulsory legislation of the police administration is not clear and specific;the phenomenon of violating the legitimate rights and interests of the citizens in the police administration’s immediate enforcement of law enforcement;the immediate coercive measures of police administration are "misappropriated" in criminal investigation activities;the police’s individual law enforcement power lacks sufficient guarantee.However,these problems have not been given enough attention by the academic community.Therefore,this paper tries to study the application of the immediate coercive measures of the police administration by the perspective of the department law.In view of the problems existing in the practice of the immediate coercive measures of the police administration,In order to standardize the law enforcement,we try to explore the normalization path of the application of the immediate coercive measures of the police administration.The full text is divided into the following four parts:The first part is an overview of the immediate coercive measures of the police administration.It mainly contains three aspects: First of all,combining the legislation and theory,I puts forward the academic concept of the immediate coercive measures of the police administration.Secondly,I introduces the characteristics of immediate enforcement measures of police administration,which are four characteristics: immediacy,great discretion,conciseness of procedure and great aggression.Finally,according to the different classification standards,the police administrative immediate coercive measures are classified.The second part is the justification basis of the immediate coercive measures of the police administration.The justifiable basis of the immediate coercive measures of the police administration mainly includes: Risk society needs effective police administrative immediate coercive measures;The necessity of service policing;The basis for ensuring the timeliness of police law enforcement.The third part is the current situation and problems of the application of the immediate coercive measures of the police administration.In this part,through the observation of the operation practice of the immediate coercive measures of the police administration,four problems are put forward:First of all,the legislative norms are not clear and specific.The immediate compulsory legislation of the police administration in our country is more than the general authorization,and it is difficult to provide specific guidance for the police law enforcement.Secondly,there are no standard problems in the application of immediate coercive measures by the police.It is mainly manifested in three aspects: the entity illegal,breach in procedure and the excessive law enforcement.Thirdly,The phenomenon of "embezzlement" in the immediate coercive measures of the police administration.In the field of Law enforcement of public security and criminal investigation,there are problems such as inventory and check,administrative inspection and other administrative immediate coercive measures,which are abused in criminal investigation activities.Finally,the police individual law enforcement presents a weak face.Because of the restriction and influence of various factors,the police individual also has a weak side in the law enforcement activities.The fourth part is the normalization path for the application of the immediate coercive measures of the police administration.This part is a countermeasure chapter.Aiming at the problems presented in the third part,I puts forward the standardization path of the application of the immediate coercive measures of the police administration:First of all,Strengthening the legal construction of the immediate coercive measures of the police administration.Secondly,we should standardize the immediate enforcement of police administration.Thirdly,govern the problem of embezzlement of power.Fourthly,we should appropriately strengthen and guarantee the police’s individual law enforcement power.Fifth,strengthen the skills training of the police administration for immediate enforcement of law;Sixth,improve the system of immediate compulsory relief for police administration.