Application of administrative power and criminal investigation power of public security organs

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Xuguang Zhao, Ziheng Pang

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Published: 4 February 2022 | Article Type :

Abstract

China's public security organs have the dual functions of administrative power and criminal investigation power. In reality, there are a variety of confusion between administrative coercive measures and criminal investigation measures. This paper makes a brief analysis based on the empirical research of scholars and the cases of "Fuzhou Chen brothers IP phone case" and " husband and wife watching yellow discs in Henan province" as examples. Then analyze the causes from the perspectives of subject, means of behavior, legal consequences and responsibility, summarize the effective ways for some scholars to solve this problem, and strengthen the external supervision and the internal control of police discretion.

Key Words: Administrative law enforcement, criminal investigation, police power, judicial supervision

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Xuguang Zhao, Ziheng Pang. (2022-02-04). "Application of administrative power and criminal investigation power of public security organs." *Volume 5*, 1, 1-8