On Police Power Control And Regulation

Police power is essentially part of state power. Alienation of police power mayoccur due to the abuse in reality. The abuse of police power directly infringes thelegitimate rights and interests of the administrative counterparts. The traditionalcontrol of the abuse is mainly reflected as exterior control. It is demonstrated byfacts that the regulatory effect of solely relying on exterior control is not as good asexpected. In order to deal with the complicated situation, the research focus has beenexpanded to “interior control” in the legal academic field. Specifically speaking, it isthrough the influence of police ethics and police liability to realize the regulatorycontrol of police power. It is in this author’s view that the interior and exterior controlshall be comprehensively used to realize the effective control of police power. Thisdissertation is aimed to pursue a more reasonable controlling mode in order to realizethe effective control of police power and promote the theoretic development of policepower.The theoretic research on the control and regulation of police power in Chinastarted relatively late and the literature on this subject in China is also relatively rare. The research on police power in China mainly focuses on its regulation. That meansthe significance of the regulation on police power has already been widely recognized,although there are various understandings on police power among the Chinesescholars. Besides, although the Chinese administrative law study has been greatlydeveloped in recent years, the research on administrative law in the sense of sectorlaw remains at the initial stage. The research on police power has become the hotissue in academic field. More and more attention by the Chinese scholars has beenpaid on police power. It is worth the attention that some novel theories have beenraised on “the dimensional control of administrative power”. This theory emphasizesthe self-constraint of the administrative subjects on the basis of legislative and judicialcontrol. This angle of view has provided us with a new theoretical frame to further theresearch on the control of police power. It has remedied the problems caused by thetraditional controlling means which rely on judicial review and legislativeimprovement. It is also the development rule in the countries with relativelydeveloped administrative law.Comprehensive use of literature study, comparative study and empirical analysiswill be taken in this dissertation. The whole research is based on the analytic logic“from macro to micro”. The dissertation is divided into five chapters. Chapter1starts from the recent status of police power, interprets the police power from theperspectives of concept and nature, defines the concept scope of police power and therelated administrative power, elaborates the inherent nature of police power, putsforwards the necessity and feasibility of the control, in order to expound the layers ofstructure of the control. Chapter2analyzes the alienation of police power and thereason. Chapter3and Chapter4further refine the analysis. It is expounded from theperspectives of interior and exterior control. It is the key content of this dissertation toexplore how to reasonably control and effectively regulate the police power. It is alsothe key problem which this dissertation aims to solve. The research aim and value ofthe dissertation is fully reflected by the elaboration of these two chapters. Finally,Chapter5discusses the relationship between the interior and exterior control of policepower. The significance of the realization of the “bridging and collaborating” relationsbetween the two controlling means has been stressed. It is note-worthy that thedissertation not only turns to the other scholars’ research results for reference, but alsoexamines the typical cases on the operation of police power in judicial practice.Basing on the literature study and case survey, the effective methods and approachesto regulate the police power are analyzed. The difficulties of the interior and exteriorcontrol of the police power in practice are also analyzed, in order to better regulate the current police power and ensure the reasonable operation of this influentialadministrative power.