The Anomie And Regulation Of The Law Enforcement Subjects Of The Free Administrative Coercive Measures Restricting Personal Freedom

Administrative coercive measures to restrict personal freedom are administrative actions aimed at citizens’ personal freedom.Once the qualification of the enforcement subject of administrative coercive measures to restrict personal freedom becomes confused,administrative power may be abused,thereby affecting citizens’ personal freedom rights.According to the principle of legal reservation,the subject of enforcement of administrative coercive measures to restrict personal freedom can only be prescribed by law.However,in the actual process of law enforcement,there may be situations where urban management and government personnel illegally restrict the personal freedom of administrative opponents.Especially after the outbreak of the epidemic,"powerless" volunteers,grassroots workers,and security guards will become the "subject of enforcement" of administrative coercive measures to restrict personal freedom,This obviously does not comply with the legal provisions and seriously infringes on citizens’ right to personal freedom,and these law-enforcement subjects must be prohibited in their current anomie situation.Therefore,this article analyzes the causes of the current situation of the law-enforcement subject’s anomie and comes up with regulatory countermeasures.In addition to the introduction and conclusion,this article mainly includes four parts:The first part: The theoretical definition of the enforcement subject of administrative coercive measures that restrict personal freedom.Firstly,based on the protection of personal freedom and the infringement of restricting personal freedom,the theory of human rights protection,the theory of power control,and the principle of legal reservation are elaborated as the basic theories of the administrative enforcement subject for restricting personal freedom.Secondly,by sorting out the relevant legal norms in China and based on the legality of administrative enforcement measures that restrict personal freedom,the types of legal enforcement subjects in general and emergency situations are summarized.Finally,due to the participation of law enforcement personnel in frontline law enforcement,they are the vanguard force in the construction of the rule of law team.Administrative enforcement measures that restrict personal freedom are proposed to legalize and qualify law enforcement personnel Professional requirements.The second part: Investigation of the current situation of the misconduct of the enforcement subject of administrative coercive measures that restrict personal freedom.Elaborate on the current situation of the anomie of the enforcement subject of administrative coercive measures that restrict personal freedom in China.Firstly,the legal enforcement subject illegally entrusts non legal subjects with law enforcement: the legally prescribed enforcement subject illegally entrusts this power to non legal subjects for law enforcement.Secondly,it is not possible to determine the authority of the law enforcement subject to exceed their authority in law enforcement:law enforcement subjects with administrative subject qualifications but without the power to restrict personal freedom and administrative coercive measures exceed their authority to implement this power.Finally,subjects without law enforcement qualifications are subject to arbitrary law enforcement: such subjects have neither administrative subject qualifications nor the power to impose administrative coercive measures that restrict personal freedom,and arbitrarily implement administrative coercive measures that restrict personal freedom in participating in social management activities.The third part:: The reasons for the anomie of the enforcement subject of administrative coercive measures that restrict personal freedom.Firstly,the lack of a delegation system for law enforcement entities in specific situations: in legislation,there is no delegation system for law enforcement entities,and in practice,there may be situations where law enforcement entities are delegated.Secondly,the law enforcement subject lacks legal qualifications: only legal law enforcement subjects can implement administrative coercive measures that restrict personal freedom,and in practice,law enforcement subjects without legal qualifications will enforce the law at will.Once again,the law enforcement subject lacks legal literacy: the law enforcement subject lacks professional legal knowledge,legal awareness,and professional law enforcement level.Finally,the accountability system for law enforcement entities is not perfect: there are deficiencies in the accountability system for administrative coercive measures that restrict personal freedom.The fourth part: Regulations on the enforcement subject of administrative coercive measures that restrict personal freedom.Firstly,establish a commission system for law enforcement entities in specific situations: when the legal enforcement entities are insufficient to efficiently enforce the law in specific situations,establish a commission system to ensure the smooth implementation of administrative activities.Secondly,non statutory law enforcement entities are strictly prohibited from enforcing the law: law enforcement can only be carried out by statutory law enforcement entities,and non statutory entities are prohibited from enforcing the law.Once again,improve the legal literacy of law enforcement subjects: through different methods,enhance the professional legal knowledge,legal awareness,and law enforcement level of law enforcement subjects.Finally,strengthen the system of illegal accountability for law enforcement entities: different law enforcement entities are held accountable in different ways and to varying degrees.