Abnormalities And Regulations Of Police Administrative Power

The abnormality of police administrative power has become a distinctive problemneed to be solved. As we believed, the fundamental cause of this problem is the characterof police administrative power which can be summarized as "strong" and "autonomy".Therefore, the most effective solution is the reallocation of police administrative power,which four ways was suggested in this article. the first is to reduce the administrativejurisdiction authorities on the public security organ, the second is to control thecompulsory administrative measures by means of the Writ system,the third is to entitlethe Court the police administrative penalty through the judicial punishment,the fourth isto practice the democratization of leadership system.Six chapters here discussed about the concept and modality of the policeadministrative power, the reasons of abnormality of police administrative power, thetheoretical basis of police administrative power allocation, and how to allocate the policeadministrative power concretely.The first chapter defined the concept of the police administrative power,which isthe starting point of the full text. We put forward that the police administrative power is theright of public security organs with which public affairs was managed and public servicewas provided according to laws, regulations, rules other regulated document by policeofficers. Then we define the abnormality of police administrative power as the violation oflaws, regulations and reasonable requirements of public security organs and police officers.then, we research the abnormality of police administrative power that acted against thereasonable requirements, and classify the manifestation to be six expression forms, which are abuses of authority, power abuse, administrative omission, wrong performance of duty,expanding power by legislation and breaking legal procedure.The second chapter introduces some reasons of abnormality of police administrativepower, then summarizes the research methods to be three analysis models: power structure,environment and obstruction. Based on the deficiencies of the three analysis models, weestablished the motion model from the visual of the relationship of power and right. That is,we search for the reasons of the abnormality of power from the motivation and obstructionof police administrative power when it was practiced. Under the motion model, we thoughtthe primary causes of abnormality of police administrative power are as follows: the rapidenhancing of sense of value, the police administrative power which is too much strong, therights of citizens which is too small and weak, and the weak supervision and restriction ofadministrative reconsideration is also an element, as well as the supervision and restrictionof administrative proceedings to be limited. In which the abnormality of policeadministrative power is the fundamental cause as it can be charactered and summarizedas "strong" and "autonomy".In the third chapter, we use the ideal-type method, combing with worldwide typicalpolice system, to construct three types of roles of police,which is guardian-police-role,night watchman-police-role and manager-police-role with the view of right relations.Therefore,firstly,the characteristics of guardian-police-role are carrying out the status,super centralization (becoming an independent system), the police action out of the judicialcontrol, adopting the discreet surveillance method massively and broad functions, and thesecond, it is the characteristics of night watchman-police-role that are carrying out theliberalism, maintaining neutrality politically, police organization presenting dispersing,independent and autonomous. Furthermore,the characteristics of manager-police-role arecarrying out the neo-liberalism, adopting the combination management system ofcentralization and autonomy, super immediate compulsion power and weak punishmentpower. However,the guardian-police-role reflects an extreme condition of the police poweroverstepping civil rights, for the guardian-police-role reveals another extreme condition that the police power is too weak. Hence,we advice the manager-police-role presenting thedynamic balance of police power and civil rights to be the goal and theoretical basis of there-allocation of police executive power because it not only guarantee the police powerwell but also protect civil rights better.In the fourth chapter, we believe that the standard of administrative jurisdiction issuesestablished by public security organs is 'the urgent coercion to prevent harm',i.e. only theadministrative issures which need to be taken by the regularly urgent measures should beunder the jurisdiction of the public security organs, and the others could be governed byother administrative organs under the help of public security organs if necessary. If so,Under this criterion, the public security organs shall only be responsible for the preventionof imminent harm, while the damage occurred previously should be up to the otheradministrative authorities. Specifically, which the issures includes the management ofregistered permanent residence, the supervision of prison, the management of boarddefense to the relevant administrative organs. Otherwise,The public security organs shouldreceive the issures including the vendors' operation without license, road occupation,arbitrary institution stalls and other matters from the urban management officeIn the fifth chapter, firstly we advocate to control the administration of the policeforce by 'the writ system'. we insist that some measures must firstly obtain a warrant issuedby the procurator, while includes the imposition of a mandatory blood test, inspectionpersonal check and other serious suspects involved in civil liberty and human dignitycoercive measures. And then,In the side of compulsive controlling measures, we proposedto take "reasonable doubt" to enhance the ability on site control of police official on thedecissions whether it need to be taken immediate compulsive measures or not. Secondlywe discuss about the allocation of administrative penalty. We suggest that theassignments like warning, small amount of fine and property forfeiture may be decideddirectly by the public security organs,while the other assignments such as reeducationthrough labor, detention centers, detention, order to cease licenses revoking, large amountof fines, limiting immigration as well as other administrative penalties which involve citizens' liberty and property interests should be ruled by the court directly as which can betransferred to the court by the public security organs. However, the implementation of thedecision into effect is still up to the public security organs.In the sixth chapter, we discuss about the disadvantages of police leadership system ofChina. Then we introduce and evaluate the viewpoints about how to make this systemperfect by pointing out the current academia. We also analyze the police leadership systemfrom France, Korea, Japan and the U.K. We learned that firstly the personnel appointmentsand removals is the main measures of controlling police officers, and secondly, the policemust reflect local, thirdly, we need democratic management which now is a trend, and thefouth. national conditions would have great influences of the Police leadership system. Asa result, we should strengthen the leadership of the superior public security organ byimprovement of human resources and funds on the municipal public security level. And forthe county public security organs we advise to establish the "Public Security Committee"which attended by the non public security personnel to carry out democratic leadershipsystem.