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Legal Control Over Security Inspection

Author: ZhouHaiPing
Tutor: ZhangXinQuan
School: East China University of Political Science
Course: Legal
Keywords: Security Administrative inspection Legal nature Legal principles Legal control
CLC: D922.1
Type: Master's thesis
Year: 2010
Downloads: 74
Quote: 0
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Abstract


The security is the most commonly used measures taken to protect public safety . In the situation of the fight against terrorism and large-scale public events organized process is broad and sustained adoption . Security setting and implementation process in Europe and the United States continue to lead to some intense controversy . Although China has not yet appeared a lot of controversy , but there are still a number of different views . Therefore , be considered from the perspective of a rainy day , it is necessary to in-depth study on which the legal issues , especially for the security of the legal control . Generally , security is a kind of administrative checks . Different understanding of the legal nature of the administrative inspection there are administrative legal acts and Administrative Behavior , independent behavior and auxiliary behavior . I think that , from the point of view of the legal relationship , the security should be part of the executive legal acts ; , security should belong to the independent behavior from the perspective of the administrative process . As an independent administrative act , the security may restrict or affect the interests of the relative . It belongs to against administrative or order administration , it is necessary to its legal control . Should first apply the basic principles of administrative law to control it. One of the most important are the legal principles and the principle of proportionality . The former includes the main legal , statutory and procedural statutory terms of reference , the latter including the validity of the principle of the principle of necessity principle of proportionality and legal interests . The statutory principle , it is important to note that the establishment and implementation of the security measures are not subject to the principle of legal reservation binding , but should be subject to the control of the excellent legal principles . Legal control of the security should also be reflected in the program control . For security purposes , the most important procedural control is an explanatory reasons, the embodiment checks informed of the results and claimed . In addition, for administrative infringement dispute the legality of the security of the dispute and the controversial items are missing , including invasion of privacy controversy , should be addressed in the administrative reconsideration and administrative litigation relief channels , in order to achieve the security of supervisory control .

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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