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No, he is not a state law enforcement officer (it is the public security organs, the police who enforce the law). The right of a security guard is to protect the property and personal rights of the employer who hires him.
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The duty of security guards is to maintain public order and protect the safety of people's lives and property; However, security guards do not have the power to enforce the law, and it is illegal to exceed their powers.
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The security guard only assists the law enforcement agencies in maintaining social order, and he has no law enforcement powers.
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This is very certain, the security guard does not have the authority to enforce the law, the security guard is not the main body of law enforcement, the authority of the security of any unit is the same, to protect security
Security, which refers to the protection of public order, is a professional type of work, and its main responsibilities are fire prevention, anti-theft, and personal safety in the area of responsibility. Through the implementation of the work of security personnel, the safety in the fixed area is guaranteed, and the normal work order and public order are prevented. (Quoted from Encyclopedia).
There is no right to search, no inspection, only the right to stop care! The company's security guards can enforce the company's internal discipline in accordance with the authority granted by the company's rules and regulations, such as checking the details of incoming and outgoing materials, personnel documents, etc. However, it does not have the power to enforce the coercive powers of the state that are unique to the relevant functional departments of the state, such as detaining persons and imposing fines.
Hitting someone is definitely an offence.
Article 15: Administrative punishments are to be carried out by administrative organs with administrative punishment powers within the scope of their legally-prescribed authority.
Article 16: The people of provinces, autonomous regions, or municipalities directly under the Central Government that have been authorized by *** may decide on an administrative organ to exercise the administrative punishment power of the relevant administrative organ, but the administrative punishment power to restrict personal liberty can only be exercised by the public security organs.
Article 17: Organizations authorized by laws and regulations to have public affairs management functions may carry out administrative punishments within the scope of legally-prescribed authorization.
Article 18: In accordance with the provisions of laws, regulations, or rules, administrative organs may, within the scope of their legally-prescribed authority, entrust organizations that meet the requirements of article 19 of this Law to carry out administrative punishments. Administrative organs must not entrust other organizations or individuals to carry out administrative punishments.
Entrusting an administrative organ to carry out an administrative punishment shall be responsible for oversight of the entrusted organization's conduct and bear legal responsibility for the consequences of that conduct.
Within the scope of the entrustment, the entrusted organization is to carry out administrative punishments in the name of the entrusting administrative organ; No other organization or individual must be entrusted to carry out administrative punishments.
In summary, our auxiliary police also do not have law enforcement powers, but this does not mean that they cannot carry out law enforcement acts. The position of the auxiliary police is to "assist" the police force, which belongs to a professional mass prevention and control team, and does not have administrative law enforcement powers.
1. From a legal point of view, the auxiliary police only have rights and not powers, and this right is no different from that enjoyed by ordinary citizens.
2. In terms of the nature of the organization, although the auxiliary police force is a financial subsidy institution, it must carry out all its work under the leadership of the people's police, and when it comes to tasks that can only be completed by the people's police in accordance with the law, the auxiliary police can only play an auxiliary role.
Therefore, the officials should already know that the security guards or guards have no law enforcement power, and the company's security guards can implement the company's internal discipline according to the power given by the company's rules and regulations, such as checking the details of incoming and outgoing materials, personnel documents, etc., and they also have no fines, the right to search, these behaviors are all violations of the legal rights of citizens!
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Security does not have any rights given by the state to law enforcement agencies, in other words, the police have the same rights as security, and the thieves can only be driven away if they encounter them within the scope of the security management, and the thieves who resist the security guards cannot be stopped with violence (the word stop is used well, how to stop it?). Arrest or violent arrest? Sorry, the security guard has no rights), the same encounter with a thief, the police are not responsible for criminal liability and civil compensation for the thief who is injured when the thief is arrested, and the security guard will be responsible for criminal liability and civil compensation.
To put it bluntly, security guards have low social status, low salary, and low wages, but they require the same standards as police officers. I really want the horses to run and not feed the horses.
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Security guards have no law enforcement powers. A security guard is not a public law enforcement officer. Employees within the unit do not have the right to enforce the law.
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Legal Analysis: There is a power to enforce the law. The scope of administrative punishment power for urban management law enforcement includes six aspects, namely:
1. All administrative punishment rights stipulated in the laws, laws, regulations and rules in the field of housing and urban-rural construction; 2. In terms of environmental protection management, the right to impose administrative penalties on noise pollution in social life, noise pollution in construction, dust pollution in construction, fume pollution in catering services, and pollution from open-air barbecue. In terms of environmental protection management, the right to impose administrative penalties on urban burning of smoke and odor pollution such as asphalt and plastic waste, smoke and dust pollution such as open burning of straw and fallen leaves, and pollution from fireworks and firecrackers; 3. In terms of business administration, the right to impose administrative penalties on unlicensed operation of outdoor public places and illegal outdoor advertising; 4. In terms of traffic management, the right to impose administrative penalties for illegal parking of motor vehicles on urban roads; 5. In terms of water management, Xiang Nian has the right to impose administrative penalties on dumping waste and garbage in the city's rivers, taking soil in violation of regulations, and demolishing illegal buildings in urban rivers; 6. In terms of food and drug supervision, the right to impose administrative penalties on food sales and catering stalls in outdoor public places operating without a license, illegal drug trafficking, etc.
Legal basis: "Measures for Urban Management Law Enforcement" Article 8: The scope of administrative punishment for urban management law enforcement is determined in accordance with laws and regulations and relevant provisions, including the right to administrative punishment provided for in laws, regulations and rules in the field of housing and urban-rural construction, as well as the administrative punishment power of environmental protection management, business administration, traffic management, water management, and food and drug supervision related to urban management.
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The full name of law enforcement power is "administrative law enforcement power", which refers to the power of entities with administrative management responsibilities to implement laws. Security guards are not state agents and therefore have no law enforcement powers.
Security guards are personnel hired by state enterprises, institutions or private units to maintain the order and property safety of vehicles, pedestrians, residents, etc.
If the law enforcement authority is set in the administrative law enforcement power, it mainly depends on whether the law and local regulations authorize the security unit to be authorized to enforce the law or entrust law enforcement, in the case of authorized law enforcement and entrusted law enforcement, the security guard can be assigned by the unit to engage in the corresponding administrative law enforcement work in accordance with the law.
Article 2 of the Regulations on the Administration of Security Services Security services refer to:
1) According to the security service contract, the security service company shall dispatch security guards to provide services such as guards, patrols, guards, escorts, personal guards, security inspections, security technical precautions, and security risk assessments for customer units;
2) Security precautions such as guarding, patrolling, and guarding for that unit when recruited by organs, groups, enterprises, or public institutions;
3) Property service enterprises recruit personnel to carry out services such as guarding, patrolling, and order maintenance in the property management area.
Article 29 In the security service, in order to perform the duties of the security service, the security guard may take the following measures:
1) Check the documents of the personnel entering and exiting the service area, and register the vehicles and articles entering and exiting;
2) Patrolling, guarding, safety inspection, and alarm monitoring in the service area;
3) Conduct security checks on personnel and their belongings in public places such as airports, stations, and docks, to maintain public order;
4) Temporary quarantine areas may be established as needed for armed escort missions, but obstruction to citizens' normal activities shall be minimized as much as possible.
Security guards shall promptly stop illegal and criminal acts that occur in the service area, and shall immediately report to the police if the illegal and criminal acts are ineffective, and at the same time take measures to protect the scene. At.
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Legal Analysis: Security guards generally do not have the power to enforce the law. In the security service, in order to perform the duties of the security service, the security guard may take the following measures:
1) Check the documents of the personnel entering and exiting the service area, and register the vehicles and articles entering and exiting; (2) Conduct patrols, guards, security inspections, and alarm monitoring in the service area; 3) Conduct security checks on personnel and their belongings in public places such as airports, stations, and docks, to maintain public order;
Legal basis: Article 2 of the "Regulations on the Administration of Security Services" The term "security services" as used in these Regulations refers to: (1) security service companies in accordance with the security service contract, send security guards to provide services such as guards, patrols, guards, escorts, personal guards, security inspections, security technical precautions, and security risk assessments for customer units; 2) Security precautions such as guarding, patrolling, and guarding for that unit when recruited by organs, groups, enterprises, or public institutions; 3) Property service enterprises recruit personnel to carry out services such as guarding, patrolling, and order maintenance in the property management area.
The organs, groups, enterprises, public institutions and property service enterprises in items (2) and (3) of the preceding paragraph are collectively referred to as units that recruit security guards on their own.
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In our country, security guards are not staff of our state organs, let alone have any law enforcement and judicial authority.
At present, only state organs authorized by the state, such as public security, national security, courts, prisons, etc., have the right to restrict citizens' personal freedom and search their bodies in China.
Generally speaking, the restraint of persons and body searches that are often encountered in daily life are all acts decided and carried out by the public security organs, but whether it is a physical restriction or a body search, the relevant approval procedures must be presented, such as detention warrants, arrest warrants, custodial summonses, search warrants, etc. (except in emergency situations).
However, for security guards, it is forbidden to restrain or search others. However, "twisting and turning" cannot be called restricting the person of citizens, and it is an act advocated by law.
Security is not an organization in our judiciary, but our law gives ordinary citizens the power to "twist" criminals, so even if we are just ordinary people, we can also "twist" when we see someone stealing, so security guards may be able to restrict the movement of others under certain circumstances, but body searches are absolutely unacceptable.
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