Power Network Of The Rule Of Law

In the process of social transformation in China, the weakening of the social control system and the organized control system makes the specialized control system—the public security system as a core—becoming increasingly important. Long-standing bureaucratic issues and power liberalization, however, severely weakened the public security system in the social control. In this context, the public security system started a series of police reform since2003. It is believed that the entire police reform is under the banner of liberalism and around the restriction on powers and the standardization of law enforcement. However, with the advance of police reform, grassroots policemen are increasingly negative, more and more non-rule of law means are used and the interests of the majority of people is difficult to obtain a valid maintenance. Police reform has fell into the dilemma of "involution of rule of law". Through telling the story about the police reform of Lin Town Police Station, this paper attempts to explain the power network behind the construction of rule of law in public security and the mid-level mechanism of "involution of rule of law".Police reform in recent years has further strengthened the bureaucratic trend in the grass-roots public security organs, so that the public security mediation became overwhelmed task for the front-line policemen. The more serious problem is that the current public security mediation gradually alienated to the plight of "public security mediation irreversible":under the background of non-credibility of public security processing, the policemen can only contributed to the surface of the dispute settlement through the mediation. The social control though the public security mediation is increasingly difficult to achieve.On the other hand, with the advance of police reform, the police-related petition became unreasonable, and this is the direct cause of " public security mediation irreversible". In the public security bureaucracy, a "lure to petition" mechanism is generated in the game process between the higher-level units and sub-units, so that the petitioner may appeal to reap personal gain. With the upgrade of unreasonable petition, the channel of right safeguarding through petition is gradually blocked.The police-related petition is the way to expose the deviant behavior of policemen from the bottom up, and the police inspector is the top-down control process of the police powers by the public security department. With the advance of police reform, the supervision technology on policemen has improved steadily, forming a panoptic power-monitoring network with the police inspector as the core. However, the policemen have developed a variety of non-standard coping strategies, trying to minimize the risk of petition of the parties and punishment by the parent unit, resulting in further loss of control of the police powers.The police reform with the core of the restrictions on power is not only to promote the sound development of the rule of law in public security, but to fall into the plight of " involution of rule of law". The emergence of such unintended consequences, fundamentally because the police reform break "the power network of the rule of law", so that it can not operate normally. Reformers solely emphasize the restrictions on powers, but they ignore the significance of the decision of powers in the process of modernization of the rule of law. Only built on the basis of the decision of powers, the restrictions on powers can effectively play a role and most people’s interests can be maintained. In the current police reform, however, due to the loss of the ability of the decision of powers and the imbalance of the game between the central and the local, the bureaucratic power system can not identify, judge and practice the principle of justice, resulting in the proliferation of a variety of speculation.The plight of "involution of rule of law" inspired to us, that,under the spell of liberalism,"the restrictions on powers without the decision of powers" not only unable to advance the development of the rule of law, but toward its opposite. Western countries put the freedom and the market as the highest law of the universal and sell them to the developing countries, as the result, it has brought great harm to the latter, which is the internal demand of the western capitalism to establish ideological hegemony in the whole world. As a socialist developing country, China must be wary of the sugar-coated bullets of the liberalism, and establish the subjectivity of socialist ideology in the process of the building of rule of law, in order to effectively safeguard national security and interests of the people.