Public Security Under The Rule Of Law:Control Of Power And Protection Of Rights And Interests

The police power is one of the main expressions of state power.Just like other public powers,this power is easily alienated because of abuse.The phenomenon of police power misconduct has emerged one after another,resulting in substantial sexual abuse of the legitimate rights and interests of the opposite party.Contrary to the “police for the public,,law enforcement for the people” police code of conduct.However,in stark contrast to the lack of protection of the rights and interests of the police,violent attacks on police officers and obstacles to the normal performance of police duties are also common,resulting in various difficulties in the normal exercise of police power.How to break this dilemma effectively has become the topic of this study.It is in line with the current research hotspot and closely related to the background of the times.The article will determine the perspective of the study in the rule of law public security this new proposition.General Secretary Xi Jinping emphasized that the national political and legal organs should always adhere to the basic idea of “people-centered”.This important idea has established the top-level structure of the rule of law public security,and the basic content of the rule of law public security should only revolve around this top-level design.From the angle of administrative law,this paper uses the control theory of administrative power and the theory of administrative superiority as the theoretical support for interpreting the rule of law public security,and innovatively makes a new solution to the rule of law public security.This article is composed of introduction,five chapters and conclusion seven parts.The main structure arrangement is as follows:The first chapter expounds the formation and basic theory of the rule of law public security,and proves in detail that the core content of the rule of law public security is power control and rights and interests protection.The content of the second and third chapters of the paper is closely centered on the control of police power in one of the core contents of the rule of law public security,while the content of the fourth and fifth chapters of the paper is based on the other core content of the rule of law public security,namely the protection of police rights and interests.The basic content of the article is as follows:The introduction part of the paper is based on the case of Leiyang,who has long been popular,as an example,and summarizes the nine aspects of police law enforcement in the Leiyang case.From the analysis of cases,the basic reason that affects the normal operation of police power in China is that police power is not effectively controlled and police rights and interests are not fully protected.The value pursuit of building the rule of law public security is to achieve the basic purpose of “people as the center”by standardizing the standard and normal operation of the police power.The first chapter of the paper through the reform and opening up of China's political discourse system,on the rule of law public security proposed a detailed interpretation.On the basis of the current discussion on the theory of public security under the rule of law,this paper analyzes and demonstrates the connotation of public security under the rule of law,the essential features and core content of public security under the rule of law,and concludes that the core content of public security under the rule of law is both the police's power control and the protection of rights and interests.The related theories of these two core contents are discussed in detail.The control of police power is supported by the theory of power control.Through the way of police role,the characteristics of police power in different historical periods and different countries are studied: First,the role of the “night watchman”police who pursues classical liberalism;The second is to pursue the role of “guardian” of nationalism;The third is to pursue the“manager”police role of modern liberalism,and to discuss the actual state and ownership of the police in China,and to obtain the judgment that the police should adopt the “manager”role.The protection of the rights and interests of the police is supported by the theory of administrative superiority.The so-called administrative superiority refers to the state's ability to effectively exercise its powers or perform its duties in order to protect administrative subjects,and to give them priority power or material benefits.The research content of the police rights and interests protection is the priority and material life benefit condition that the state guarantees the police's effective administration of police rights.On the basis of clarifying the concept and type of police rights and interests protection,the practical significance of the police rights protection is put forward.The second chapter of the paper discusses the control of police power,which is one of the core contents of the rule of law public security.And “the police power is out of line”is defined as:the public security organs and the people's police in violation of the legal norms and reasonableness of the exercise of police power and the resulting non-standard law enforcement behavior.In the actual occurrence of the phenomenon of police misconduct in the classification of the form of its overauthority,abuse of power,administrative inaction,erroneous performance of duties,through "legislation" to expand power and violation of legal procedures in six categories.After analyzing the specific performance of the police power failure in an all-round way,the reasons for the police power failure are: the rapid improvement of the concept of citizen value,the police power itself is too strong and autonomous,the civil rights are weak,and the administrative review supervision is insufficient.Through the comparison between police power in our country and the police power outside the country,our police power itself is too strong and autonomous is the root cause of the police power misrule.The third chapter of the paper is based on the reasons of the police power of our country,from the police power of legislative control,judicial control,social control,internal control and other four aspects of the approach of police power control.Legislative control of the police power of the road includes:First,adhere to scientific legislation,combined with practice to improve the quality of legislation;The second is to speed up the legislative process and build a systematic system of police administrative procedures.The judicial control police power includes:First,it is to clarify the unified standards of judicial review and adhere to the principle of comprehensive review;The second is to introduce the principle of proportionality and promote the perfection of the rationality review mechanism;Third,police administrative punishment is subject to prior judicial review.The social control police power is analyzed from the perspective of social public opinion supervision.First,it is to improve the legal regulations and strengthen the independence of social public opinion supervision;The second is to enhance the objective authenticity of public opinion reports and create positive police public opinion.The internal control police power is analyzed from the perspective of the perfect police supervision system.First,establish the correct police supervision concept;The second is to standardize the institutional setting of police inspectors and rationally allocate the functions and powers of police inspectors;The third is to improve the legal norms of police inspectors;Fourth,we will strengthen the accountability of police inspectors.The fourth chapter of the paper discusses the other core content of the rule of law public security:the protection of police rights and interests.Through empirical research,the paper examines the current situation of legislation on the protection of the rights and interests of the police and the actual standard exhibition of the infringement of the rights and interests of the police.On the basis of this analysis,the reasons for the failure to fully protect the rights and interests of the police are:the deterioration of the law enforcement environment caused by social irregularities during the transition period,the weak awareness of police rights protection,the lack of police force allocation,the deviation of police law enforcement concepts,and the lack of professional law enforcement.Police The system of protecting rights and interests is not perfect,the police education and training mechanism is not perfect,and the police law enforcement equipment protection mechanism is not perfect.The fifth chapter of the paper is to discuss the optimal path of police rights and interests protection.This chapter is carried out through comparative research.Therefore,the article first introduces the general situation of the protection of the rights and interests of the extraterritorial police.The protection of law enforcement rights and interests,material protection in the face of war,the establishment of police rights and interests protection organizations,the protection of occupational remuneration,the protection of casualties,leave protection,medical treatment and professional psychological intervention protection were discussed.Based on the experience gained from outside the country,this paper puts forward a concrete way to improve the protection system of police rights and interests in China.Mainly from the perfection of the police system,the improvement of the professional system of police rights and interests,the clarification of the judicial relief system of police rights and interests,the improvement of the allocation system of police resources,the improvement of the police law enforcement material security system,the establishment of the protection mechanism of organizational security,the improvement of police education and training guarantee system.Conduct research and make suggestions for improvement.Among the above-mentioned safeguards,it is imperative to amend and improve the People's Police Law,the Regulations on the Use of Police Weapons and Weapons by the People's Police,the Criminal Law,and the Law on the Administration of Public Security Penalties.