Study On Startup And Enforcement Threshold Of Stop And Frisk In Shanghai Rail Transportation

As part of the police power,stop and frisk will inevitably infringe the rights of citizens.Citizens may worry,if the power of stop and frisk is too strong and restricts civil rights.Citizens hope to regulate it.At the same time,citizens hope to empower the police in order to maintain the social order and stability.Shanghai rail transportation connects two major airports,train stations and bus stations.The operation reaches a daily average of over 10 million.Huge passenger flow,wide regional coverage,relatively closed space and complex personnel are the feature of rail transportation,which makes rail transportation an important indicator of urban security.But there is no study on startup and enforcement threshold of stop and frisk in rail transportation.As a routine risk control means,stop and frisk plays an irreplaceable role in arresting persons who are going to commit a crime and escaped convicts,in recording the trace of specific persons as well as management and control of special populations.Under the circumstances of anti-terrorism,public security inspection based on stop and frisk becomes a normal measure.In the exercise of stop and frisk,whether to choose the interrogated person or to increase the volume of the interrogated persons,the police shall be empowered to have discretionary power by legislation.The scope of startup standards is too small,which leads to unpersuasive exercise of public security inspection.By law enforcement,the scope of the interrogated persons is too big,including persons who do not conform to the launch of the standards,persons from sensitive areas or with criminal records.In the aspect of identification,force,time limit on the spot,questioning contents and the depth and scope of check,the regulation of police is inadequate due to defects in the legal provisions.Not taking the initiative to produce documents and no explanation of the law and reasons for stop and frisk are also the criticized factors.In order to exercise the power effectively as well as to take the rights of the interrogated persons into account,we shall learn from the other countries.According to the principle of law reservation and the principle of proportionality,starting from the administrative or criminal attributes,we shall take into account that the rail transportation police power of stop and frisk should be moderately amplified in the aspects of the startup threshold.Also,the law enforcement should be standardized.In the aspects of the enforcement threshold,we should improve five aspects of execution through legislation.Also,the two flawed aspects of law enforcement should be corrected in order to achieve the balance between stop and frisk and civil rights.