중국 경찰 영창제도에 관한 연구

Unlike ordinary public officials, China is one of the disciplinary measures against police officers, and operates a ‘Confinement’ system. People's police law stipulates that “the execution of duties may be suspended and measures may be taken against the people's police in violation of regulations, if necessary.” In response, opinions are also being raised in China on whether it is appropriate to restrict physical freedom without examination or control by external agencies such as courts and prosecutors. Even if special measures different from ordinary public officials are needed to establish a strict hierarchy of the police hierarchy, imposing disciplinary measures only on police officers that are not in ordinary public officials is excessive. In general, disciplinary measures against public officials are not directly related to the restriction of basic rights in most cases. However, the Chinese police confinement system is a disposition that restricts individual police officers' physical freedom and is directly related to the restriction of basic rights. Basic rights for public officials should be faithfully guaranteed within the scope of laws and laws delegated by law, and excessive restrictions on basic rights will violate the constitutional status of public officials as subjects of basic rights enjoyed by the general public. It is hoped that the current funeral system will be supplemented and ultimately improved to an effective disciplinary system, such as revising People's Police Law in the direction of abolishing the confinement system for police officers.