Research On Problems Of The Police Administrative Compulsory Power’s Enforcement

The police must be endowed enough discretion that they shall extend the restriction on the relevant conditions power limits time requirements and specific steps when exercising the administrative compulsory power for the high efficiency in an emergency,in which case the police can properly deal with interests and safety of the nation and its people as well as personal and property safety of the administrative counterparts.This can make the police do their duties flexibly,but it may also cause some problems such as deviation from the original purpose,excessive means and illegal procedures,which will damages legal rights of special relative people,leaving the police criticized during the process of exercising administrative compulsory power,Combing with the theoretical research and the practice,this essay summarizes the type of administrative compulsory power is due to a large number of uncertain illegal concepts in laws,ignorance of due process principle and the principle of proportionality and lack of procedural consciousness.The essay also sums up some common reasons from the main and environment aspects.Besides,this essay conveys discretion in the enforcement of police administrative compulsory power should be regulated,by combining external control with internal control,apply due process principle as well as principle of proportionality,so as to provide standards of balancing administrative purpose and the protection human rights and preventing the police from abusing police discretion,which can bring out good exercising of power,help to solve the problems appearing in the enforcement of power.As a result,the police will win people’s trust and play a positive role in prevention and security when exercising their power.