Legalization Construction Of Public Security Administrative Coercive Measures

Public security administrative coercive measures are a kind of specific administrative act,with the characteristics of subject specificity,non-sanction,actionable and involving more restrictions on personal rights.At present,the legal basis for the application of public security administrative enforcement measures is mainly the administrative enforcement law,public security management law and other laws and regulations that China has promulgated and implemented.There are some problems in the legislation of public security administrative coercive measures in China,mainly involving the lack of specific legal provisions,the problems of expanding the applicable objects in the lower law,the nonstandard use of names,unclear external boundaries,nonstandard setting and less procedural provisions.Therefore,this paper puts forward the construction path of the static legal system,that is,following the principle of legal superiority and legal reservation,standardizing the power of setting and stipulating the public security administrative compulsory measures,standardizing the use of names,clarifying the external boundaries,clearing and standardizing the setting,and formulating the " Regulations on Procedures for Public Security Administrative Compulsory Measures".At the same time,there are also some problems in the enforcement of public security administrative coercive measures in China,mainly involving compulsory summons,restraint,seizure,seizure,enforcement in emergencies,illegal enforcement,etc.It is suggested to increase the application of compulsory summons in emergency situations,set up " proviso" clauses in cases where it is difficult to notify the families of the parties concerned,increase the specific operation contents of some administrative coercive measures,increase and refine the relevant restraint procedures for drunken people and mental patients,strictly seal up the scope of seizure,and make detailed regulations on the procedures that must be performed in the implementation of seizure and its subsequent custody and disposal,limit the discretionary power of public security organs in administrative enforcement in emergencies,further standardize the law enforcement subjects and their actions of public security administrative coercive measures,and improve the supervision mechanism for ultra vires or abuse of power and the legal relief mechanism for administrative counterparts.I believe that the public security organs and their staff will exercise their power under the restriction of perfect substantive law and procedural law,and will effectively ensure that the legitimate rights and interests of the administrative counterpart will not be violated.