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Police immediately enforced laws and regulations

Author: ZengYan
Tutor: WangJianQin
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Administrative Police Immediate mandatory Legal norms
CLC: D922.14
Type: Master's thesis
Year: 2009
Downloads: 87
Quote: 0
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Abstract

This paper immediately against the police force studies, by contrast domestic and international theory and legislative achievements, and strive to answer how to regulate the police immediate mandatory exercise, maintaining social order and people's lives and property safety. Police instant force in the police department for administrative purposes, the maintenance of public order, to cope with emergencies and maintenance of the normal management order process, based on its unilateral will, directly, suddenly for a particular relative person's personal and property rights and interests implementation of mandatory restrictions, and destructive force, when necessary, to exclude the resistance, in order to restore the disrupted public order or to prevent public order is destroyed. Remove the introduction and conclusion, this article is divided into four chapters. First, the author of this article required the police officers involved in the executive power and immediate mandatory two basic concepts to make defined. Immediate mandatory administrative enforcement under the concept, but real-time force the legal status of the administrative enforcement system, the theory community has been controversial. The author summarizes the five different views of the Chinese administration law on compulsory administrative connotation, while drawing on the theory and legislation of Germany, Japan, France, Britain, the United States and China's Taiwan region, raised the point of view of this article, administrative enforcement is real-time enforcement and administrative collectively referred to enforcement. Theoretical circles in the analysis of real distinction between mandatory and administrative enforcement, there are two different views on whether to bear the administrative law obligations and the existence of the base determines the behavior, mainly for the relative. Define the basic concept of this article, the author of the police force the immediate conditions. Due to the lag of the legislation, China is not yet any law against police immediate mandatory conditions to make provisions. Foreign experience, I believe that should be considered from three aspects of the factual conditions, legal conditions and limitations on the conditions. The police immediately force the fact that conditions of \The police immediate mandatory requirements of the principal and legal basis. Due to the lack of uniform regulations, instant forced more performance for a free discretion, I believe that limit the discretion, in essence, is to follow the principle of proportionality, from the purpose of orientation, the \three sides, make provisions for police implementation of real-time mandatory limits. The comb scattered real-time methods of enforcement of the police in each of a single law, I learn from our scholars pass said, will be divided into the constraints on personal freedom, detained on the property and other disposal methods, and to residential and other places. One by one comparison of the relevant legislation at home and abroad, and in practice the controversial administrative control, and mandatory investigation and forced into residential and other means of legal regulation, are discussed. The force of law to regulate and restrain the police power, recovery and remediation of the relative damage legitimate rights and interests to build the system of police immediate mandatory relief is immediate mandatory starting point and end point of this study police. The construction of the relief system, we must first answer the immediate mandatory legal nature, the author summarizes the comparison of theoretical circles advocated abroad \relief, on the specific administrative act shall apply to all remedies. And then analyzes the two kinds of methods of administrative litigation and compensation range, type and other important issues.

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