Of police officers and protection of civil rights law enforcement relationship between the legitimate rights and interests

Paper Keywords: administrative body of public administration according to Law the right of private rights
Abstract: Based on the analysis of public and private rights, Law enforcement interests that police officers are in conflict with the legitimate interests of citizens of one side, for better analysis of police enforcement of rights and legitimate interests of citizens laid the foundation for the relationship between the article points into three parts: the right of police enforcement is both a (power) is a duty; of police enforcement to protect the legitimate interests of citizens; rights of police enforcement and its regulation is easy to expand. from the positive and negative aspects of police Law enforcement the legitimate rights and interests of citizens to analyze the relationship, the final analysis pointed out the Law enforcement interest in preventing the expansion of police must adhere to several principles.

Civil Law known as public law, private law of the points, then turn right into public power and private rights, namely the public rights and private rights. Public rights of national backing, with a strong attack, and private rights are more vulnerable has more passive. private rights of individual citizens right in front of the general public in a weak, hard to rise, then, without any restrictions, such as public power, which will become the exploiters, and this involves the public powers and the relationship between private rights, specific to the grassroots level to include a law enforcement police officers protect the citizens rights and legitimate interests of relations.

First, the public security police law enforcement is both the right (power) is also the obligation to
What kind of police enforcement act of nature, whether administrative enforcement, which involves the identification of the main body of administrative law enforcement. In accordance with the prevailing view, the so-called administrative law enforcement body, are those under the law, regulations and rules, can be their specific administrative act on behalf of foreign and independently bear the legal consequences of the administrative organization. Under this definition, the main body of administrative law enforcement need to meet the following conditions: First, the existence of a particular administrative organization. according to the modern administrative management requirements, administrative management is an organizational behavior rather than individual behavior, administrative organizations need to implement specific. is this kind of management functions. Second, the law with administrative law enforcement duties. administrative organization must have the appropriate law enforcement duties, to actually get the legal status of the main body of administrative law enforcement. Third, outside its own name to the implementation of administrative law enforcement activities. here "own name", requiring the executive organization can express their will, independently and in accordance with their own will in particular Administrative enforcement actions. Fourth, independent legal consequences. independent legal consequences, that is, including the assumption of a favorable legal consequences, but also including the assumption of adverse legal consequences (ie legal responsibility), which is the main body of administrative law enforcement in accordance with their own independent will necessary requirement for the exercise of power.

So, whether public security organs do law enforcement body? Accordance with the Constitution and relevant laws and regulations, local people's governments above the county level can work to set up a number of functions and assume certain aspects of the organization and management of administrative functions. Functions the corresponding level people's government, the management of a special administrative region under the jurisdiction of administrative affairs. functions independent exercise of administrative powers to make decisions in their own name, well bear the corresponding legal consequences. Therefore, local people's governments above the county level The functions of administrative law enforcement departments have the qualification. the public security organs is an important state organs, its functions is to protect the social order, maintaining social order, people's governments at all levels of the important functions. So, to say, the public security organs have the qualification of administrative law enforcement. And the agency of the public security organs due to the police station expressly authorized by law and regulations, but also the qualification of an administrative law enforcement. Therefore, the public security police law enforcement is an administrative law enforcement.

As part of police enforcement of administrative law enforcement, then the enforcement of laws and regulations that have the appropriate license, so police officers law enforcement is a right (power), while the purpose of police enforcement is to maintain law and order, protect society security, stability, social order, so the law is an obligation to society and the people. Therefore, the law enforcement interests of police officers should be protected, no person shall interfere with, maximize the protection of its people and protect society.

Second, police officers enforcing the law to protect the legitimate interests of citizens
The fundamental purpose of law (at least one of the fundamental purpose) is to protect and realize human rights. Legislation is recognized human right, defined clearly at different interest groups, different social classes different nature of the rights of people, type, scope and ways: law enforcement is to make legislation to establish the rights of persons, or has not yet established for the legislation, but are people as human beings or as members of society should have the right of the natural realization, including the realization of rights of way conditions, obstacles to the realization of rights excluded, to prevent the abuse of rights and to stop infringement proceedings for infringement of those responsible and to remedy such infringement. shows that the core rights of law enforcement. all enforcement actions, if left to identify the relative rights of respect and protect, the rights will be alienated into the abuse of its enforcement of the "law" may be in the form of "law", but such "law" has been the soul of the distortion or substitution.

Chief of Police as the enforcement of a law enforcement, is also a relative rights of protection, including life, liberty, property rights and other legal rights, or non-statutory rights. In certain circumstances, even if no express provision of law, law enforcement organs of man as man, or as a member of society should have the natural right can not be denied and refused protection.

Administrative law, including the requirements of the administrative body of police administration by law, the correct law enforcement, requiring the executive and administrative penalties and Civil servants to take administrative enforcement measures, especially involving the confiscation of property of citizens, fines and Civil property seizure, detain, freeze and other administrative enforcement measures, should follow the "Legal Principle of Punishment," "punishment no longer principle" and so on, strictly according to law. the implementation of specific administrative actions necessary administrative procedures to be followed to protect the legitimate rights and interests of the relative.


Both from the legislative purpose, the purpose of law or specific legal provisions, require administrative body to protect the Civil rights enforcement as the goal, as the center. In today's emphasis on administrative law, the end result of police enforcement should be the legitimate interests of citizens , should be based on the legitimate interests of citizens as a starting point and direction of the pointer.

Third, the interests of public security and easy expansion of police enforcement and its regulation
Public security organs have the backing of the national executive arm, has a detention under the law of restriction of personal freedom, the most severe for people to administrative coercive measures, so people there long-term public security organs mind is powerful, the idea that they are weak for decisions and actions of public security organs, no one would dare defy no one dared to disobey. Correspondingly, in the heart of police officers have a sense of superiority or advantage, that no one dare touch themselves, they have strong backing (the public security authority) to support, so its behavior will ignore the law or beyond the law, but also the cultural quality of grass-roots policemen lower weak legal consciousness. Thus, there will be some police officers ignore the law (substantive law, procedural law) or the weak law behavior, such as the private home view pornographic films event, obviously this is a personal freedom in the private space, but the investigation by the police officers, it is clear this is a public authority of law enforcement and Civil liberties, the collision of private rights, how these to avoid it? Police in law enforcement should be followed when several of the original Tony Little
(A) the principle of administration according to law
China's state organs according to law is an important principle of administration is an important manifestation of Rule of Law. According to law reflects modern civilization (civilization, political civilization and spiritual) concepts of administrative requirements. A country's mode of administration a "rule of man" mode or " rule of law "model of a state system of a country depends on the first and the system of government, the decision in a country's political system and economic system, but it also depends on the culture of those in power (political civilization and spiritual civilization) concept. rulers with authoritarian, dictatorial the concept of strongly bound to the implementation of the rule of man: those in power with modern notions of democracy, the rule of law must work. the rule of law in China, the implementation of administration according to law, that the concept of those in power change. Therefore, the principle of administration according to law should be implemented at the grassroots level, promotion of legal, studying law, so that the organs of the executive can be understanding, law, law enforcement, law enforcement agencies at all levels are completed by the "rule of man" to "rule" changes, the rule of law to avoid large-scale, small-scale rule of man's situation. reposted elsewhere free papers download http://www.hi138.com (b) the principle of human single-Yan
The authoritarian tradition of our long-term, there has been not to see people as human tumor diseases, people are seen as "Caomin" that Lu Xun, China's history, read from a "man eating" words. After the founding of new China, Although there has been significant change in this state, but there is still a serious problem. Since rights are not institutionalized state control mechanism, one-sided emphasis on national and collective interests, leading to an individual has no status. in political campaigns, for being "down" of the object always take a variety of radical means, especially during the Cultural Revolution, down to ordinary citizens, from the President, the human dignity are not respected, staged opera scenes trampling human evil. in the current law enforcement and judicial activities, torture and other barbaric law enforcement, the phenomenon of lack of respect for human dignity is also not uncommon, especially in family planning, housing demolition, industrial and commercial city in areas such as more serious problems. the news media often called on law enforcement humanity. Therefore, we must in particular emphasis on the principles of the theory of human dignity, and its practical implementation to the administrative law enforcement practice, true respect for the dignity of each person, ensure that everyone can live in dignity.

(Three) the principle of equality
Our Constitution provides that fundamental rights of citizens because citizens can not be race, sex, origin, religious beliefs or other reasons is limited. But in the practice of administrative law enforcement, because the rights, money, relationships (human) of equal and fair law enforcement common phenomenon, the universality of the law has not been implemented, meaning state common law. Our practice often taken "out movement" (or so-called "rectification") and "Zhuadian Xing" and other law enforcement approach, strictly speaking, and does not meet the requirements of the principle of equality, with strong randomness.

(D) prohibits the Principle of Irrational
Prohibition of improper link principle is that the payment of administrative action and private affair between the association should have, that is real, intrinsic association. The main purpose of this principle is to prevent the executive authorities to matters within the scope of their duties as the object of bargaining, namely the use of dominant position against the executive, marsh its responsibilities as a business-oriented use.

The practice of administrative law enforcement in our country, contrary to "the principle of prohibiting improper association" uncommon situation, for example, industrial and commercial administrative organs will open service centers (such as the bathroom) for its staff to provide free or low-cost services as business conditions for the opening 9 .2002 month! day <<Jiangnan Times>> reported that 36 of Xiangfan City high school graduates entered college to go to school to receive the notice was told that the school required to pay t00 yuan per person "song fees", otherwise notice will be detained. School (a special administrative body) is also a violation of this principle of prohibition of Irrational. According to <<Weekend>> August 22, 2002 report, nearly two years, Guangzhou, Shanghai, Chongqing and other places have In the introduction of the bridge toll vote, which vote generally in the vehicle also examined "bundled" together, do not buy tickets on do not give examined. In this regard, Guangzhou, respectively, had sued two members of the public.

(E) the principles of due process
The principles of due process in administrative law enforcement is to follow a very important principle. The most basic principles of due process requirements include three aspects: First, no one can judge as his. So with a civil case if the results or have a stake in the possibility of favoritism, should be avoided, not to participate in the handling of the case; Second, the administrative organ of the relative disadvantage in making the decision, should listen to their views; its three principles of due process but also the executive In making the decision on the relative disadvantage when the reasons. due process requirements of these three is the minimum requirement of administrative authority, whether the law does not require, the executive in an administrative act should be followed. the legal system in China There has long been "heavy entity, than procedure," the tendency to not pay enough attention to the Administrative Procedure Act, its the lack of procedural requirements in the various departments under the administrative legal norms are often based on the procedural requirements for the purpose of restrictions on civil liberties not to control and restrict the powers of the executive, so in particular need to use the principles of due process as the chief law enforcement activities shall comply with the minimum procedural obligations. Links http://www.hi138.com Research Papers Download