From The Perspective Of The Principle Of Proportionality, The Path To Improve The Start-up Standards Of Police Interrogation In Our Country

The power of interrogation and examination is an important power entrusted to the police by law.It plays an important role in preventing,discovering illegal and criminal activities and maintaining social stability,and has been favored by the police all the time.Then due to the generalization of the "people's Police Law" and the relevant laws and regulations to the starting standard of police interrogation and examination in our country,a large number of police random interrogation and examination have appeared in practice,which greatly infringes on the legitimate rights and interests of the general public.As an administrative act,the starting standard of police interrogation and examination should be regulated by the principle of crown in administrative law,the principle of proportionality.This article bases on the principle of proportionality,after introducing the starting standards for police interrogation and examination in and out of the territory,the author systematically analyzes the starting standards of the three categories of police interrogation and examination in and out of the territory with the sub-principles of the three proportional principles,namely the principle of suitability,the principle of necessity and the principle of narrowly-defined proportionality.On these grounds,this paper puts forward the perfect measures of the starting standard of police interrogation and examination in our country:firstly,the spirit of the principle of proportion should be determined and clarified in the three aspects of legislation,justice and administration;next is the police interrogation,goods and physical examination and vehicle interrogation and examination of the principle of proportionality requirements in place.