Study On Legalization Of Police Immediate Coercion In China

At present,most of the conditions and procedures stipulated by the relevant laws and regulations for the implementation of immediate administrative compulsion by the police are very principle,and most of them are authorized,which leads to two drawbacks:The abuse of the right of immediate administrative compulsion or the reluctance to implement it for fear of taking risks.In addition,for the immediate coercion adopted by police,the remedies available to the administrative counterparts to protect their legitimate rights and interests artificially are also unclear.In view of the above problems,this paper is divided into three chapters.The first chapter analyses the current situation and existing problems of the police immediate coercion in China.The concept,scope and implementation procedure of administrative compulsion,including administrative compulsion of public security organs,are generally and generally stipulated in the Administrative Compulsory Law,while the conditions,measures and procedures for police to implement immediate compulsion are separately stipulated in other separate laws and regulations.The Administrative Compulsory Law and other separate laws and regulations have played an important role in the process of fulfilling the administrative duties of the police,but there are also some shortcomings.Specifically,the provisions on the applicable conditions and procedures of the laws and regulations on the police immediate coercion are vague,scattered and general,and some of the subjects of setting the police immediate compulsory power have exceeded their powers.The aforementioned problem is the reason why the police abuse the police's immediate coercive power when applying the immediate coercive system.The second chapter analyses the conditions and procedures for the implementation of police immediate coercion in China.There are factual and legal conditions for the implementation of immediate coercion,and the police should perform the procedures prescribed by laws and regulations.In my opinion,the factual conditions for the police to implement immediate coercion are:(1)violations of public order are occurring or imminent or evidence of violations are being destroyed;(2)emergencies occurring or imminent.Police immediate coercion by the police shall be carried out reasonably and appropriately within the scope of legal functions and powers.Regarding the procedure of police immediate coercion,although the procedure of immediate coercion is a simplification of general administrative compulsory procedure,the simplification only embodies in the simplification of internal reporting and approval procedure,which is,in the case of immediate coercion,after-the-fact reporting and supplementary approval procedures can be adopted,but other procedures in general administrative compulsory procedure,besides internal reporting and approval procedures,still needed to be complied with.The third chapter analyses the legal remedy of police immediate coercion.The administrative counterpart may claim compensation by administrative reconsideration,administrative litigation and state compensation for the losses caused by immediate coercion of police force in violation of the law.As for the loss of the administrative counterpart caused by the immediate compulsion legally implemented,I think that the subject who suffers the damage has the right to safeguard his own rights and interests by demanding administrative compensation.