| The legitimacy of the administrative intervention by police in the civil field has three main aspects, that is, maintaining public security and social order, protecting individual rights, and implementing the concept of service-oriented administration. Thus police interventions can be classified into three types, that is, the functional intervention as an inherent content of police administration for the purpose of maintaining public security and social order, the obligatory intervention under the administrative law reform paradigm aimed at protecting individual rights, and the flexible intervention based on the concept of service-oriented administration. According to the principle of subsidiarity, functional interventions should be premised on respecting the priority of other administrative agencies' authorities in handling related matters, obligatory interventions should be performed only when individuals are unable to realize their rights in a timely manner through civil remedies, and, before imposing flexible interventions, the police should also assess the probability of elimination of hazards by other administrative agencies and the possibility of individuals utilizing civil remedies to protect their own rights. If the principle of legalism is embodied by positive law norms, there will be no room for police discretion in functional intervention as well as obligatory intervention, and it will not be allowed to replace the interventional measures clearly stipulated by law with flexible interventions. Even if positive law norms embody the principle of opportunism, the obligatory intervention by the police is constrained by the jurisprudence of the shrink of administrative discretion. This theory can also be drawn on in regulating functional intervention. |
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