Research On The Principle Of Proportionality From The Perspective Of Police Law

The principle of proportionality has gradually been recognized by the theoretical circles in the sense of administrative law.The principle of proportionality discussed at the level of administrative law originates from the field of police law,but it is less discussed at the level of police law.So far,There is still no clear concept of proportionality in our police law.But can the principle of proportionality in the basic principles of administrative law apply directly to the field of police law?When the police encounter more and more problems in the actual law enforcement process and the police are discretionary,the principle of proportionality has received more and more attention.The basic theory of domestic police law has further studied the basic issues of police law in recent years.The principle of proportionality gradually returned to its original source,the field of police law.This thesis is divided into three chapters to make a detailed analysis of the principle of proportionality from the perspective of the police law.The first chapter is the definition of the principle of proportionality in the perspective of police law.This chapter is divided into three parts.The first part is the concept of police law,which expounds the concept,characteristics and origin of police law.The second part is the definition of the principle of proportionality,expounding the connotation,function of the principle of proportionality and the principle of proportionality in the sense of administrative law.The third part is the general perspective of the principle of proportionality in the field of police law,and defines the principle of proportionality in the perspective of police law.The second chapter is the status quo and problems of the proportional principle in China's police law.This chapter is divided into two parts.The first part elaborates the status quo of the proportional principle in the view of police law,and the second part elaborates the legal problems of its existence.From the domestic and extra-territorial police legal norms,the legal provisions embodying the principle of proportionality are excerpted,the current principle of proportionality is described in the police law,and the issue of proportionality in police law is discussed.The third chapter is to improve some of the recommendations of the principle of proportionality in China's police law.It proposes specific legislative proposals for the problems in Chapter 2,making the police law enforcement means proportional to the purpose of law enforcement,in order to guide the police in law enforcement and implement respect and protection of human rights.Institutional concept.In summary,this paper discusses the definition,current status and existing problems of the concept of proportionality from the perspective of police law,and proposes legal proposals to return to the legislation to solve the problems faced by the actual police law enforcement.