Study On Police Defense Authority Of China

The police defense is an ex official administrative act whose function is to give the police the authority to prevent unlawful infringement,to avoid or reduce the actual damage caused by unlawful infringement,maintain the social security and stability of the administrative power by the enforcement of statutory compulsory acts when in the of national interests,personal and property legal rights suffered an unlawful infringement.Because of the mandatory nature of the police defense,it must have an impact on the personal and property rights of the administrative counterpart.Therefore,it must be strictly regulated to ensure that the authority of defense is properly run on the track of the rule of law.Chinese theoretical research on the defense authority of the police is still at a low level,the authority of the police defense authority(right)nature is still controversial,failed to form a more mature and stable theoretical basis.In practice,due to the legal norms of police defense behavior is more chaotic,there often appears to review the evaluation of inconsistent views,the results of the referee abnormal situation.The legal system of police defense authority must take the administrative "public power" as its theoretical foundation,clear the concept of "police defense authority " in the administrative department law and rely on the organic combination of "mixed theory" and the theory of police emergency power,make strict legal regulation on the specific issues of defense to the police,to give them discretion in the disposal of cases within the limits of discretion,and control the relationship between the flexibility of legal norms and the operation ability of law enforcement so that police defense authority can better serve the maintenance of public safety and social order and protect the rights of citizens and law enforcement.In addition to the introduction,conclusion and thanks,this article is divided into three parts.The first part is an overview of police defense authority.This part elaborates the concept,nature and the relationship between the police authority,and analyzes the concept and characteristics of police defense authority,focusing on the analysis of the basic theory of police defense authority in our country and abroad,then I put forward the idea of adopting "mixed theory" as the theoretical basis for constructing the legal system of police defense authority.Finally,I analyze the relationship between the police defense authority and the citizen's right of defense.The second part is the main legal problem of police defense authority.This part selects the representative cases of the "police shooting incident in Qing'an Railway Station","the police Zhang Lei shot death incident in Guizhou ",through the cases analysis of the police defense licensing norms,the application of legal norms,defense law,relief and other major legal issues to explore the theory.The third part is the defects of our country's police defense authority system and how to perfect the law.This part analyzes the shortcomings of the legislation,legal review of the police defense authority system in our country,clarifies the importance of perfecting the system of the police defense authority,and finally puts forward the legislation suggestions on the standardizes of the police defense authority.The police defense authority is closely related to the citizenship.Through the research of this paper,it is hoped that some ideas and thoughts can be put forward for the normative operation of the administrative public power so as to establish a good administrative service management relationship between the government police organs and citizens.