Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure

Study on Principle of Limit of Public Security Organ’s Public Power’s Getting Involved in Private Right

Author WangShaoChen
Tutor TianPengHui
School Shenyang Normal
Course Legal
Keywords Public security organs of public power Individual private rights Intervention principle
CLC D925.2
Type Master's thesis
Year 2010
Downloads 34
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Public security organs in the part of the executive organs of state organs sequence, but it is different from the executive authorities, it has armed the nature of the State Security force of administrative power and Criminal Justice. In other words, it has both executive, has criminal jurisdiction, China has the most extensive state organs of public power. Not on or the administration of justice, public security organs exercise of the power to the lack of adequate supervision and control, and the alienation of its rights violations of the rights of the individual forces of evil. Established from the bourgeois regime legislation continue to strengthen the development of contemporary has become the pursuit of the common goal of most national legislation on the protection of private rights. In China, penetrated into all aspects of social life, production, both personal and public security organs has a huge public power and private rights protector, and the threat of the private rights have been infringed. Laws and institutions not only to limit the exercise of power of the public security organs, but also to the public security organs of public power and personal private right to draw the line, the public security organs of public authority are not allowed to cross into certain areas of private rights, in order to achieve these private rights thorough protection. Then, how the boundaries delineated? Should first establish the principle of delimitation of the boundaries, and only under the guidance of this principle may be more accurately delineate the boundaries. Only do limited research is not enough power to run on the public security organs, it is tantamount to denying the individual has an absolute field of private rights. The author has long been engaged in the training of police work, a lot of practice research found that the public security organs in order to effectively prevent the infringement of individual private rights, you must first draw a line between public power and private rights, and the delimitation of The principle is a basic theoretical issues. Firstly, private rights against individuals from the public security organs phenomenon Analysis start against the phenomenon in place in the criminal justice activities on the one hand, on the other hand, in the administrative law enforcement activities against the phenomenon in place. Through the phenomena of nature, and further to find the reason for the existence of the problem. Reasons, in both legislative and judicial reasons, the existing institutional reasons, law enforcement personal reasons. Looking for the delimitation of boundaries based on the principle of legislative basis, the theoretical basis and practical basis to explore, and finally summed up the boundaries of principles, namely: the intervention prohibited principle, intervention buffer principle, the principle of appropriate intervention and intervention necessary principles briefly pointed out that these principles The specific application. The author has taken the logical syllogism, that is to point out the problems, and then find the reason for the existence of the problem, finally pointed out the solution. The authors rely mainly on their own first-hand research, to filter, analyze, refine and summarize books and articles refer to the relevant research, to give my personal superficial view, the purpose is to arouse more people on this issue in-depth study of theoretical interest . Legislative, judicial and law enforcement activities do something modest means.

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