Research On The Division Of Police Power In China

The power of the police is the basis of the construction of the police system,the basic link of the national governance system,and an important guarantee for the modernization of the country's governance capacity.China has entered the "new era" and the "statesociety" relationship is undergoing profound changes.New contradictions and risks are emerging.These all pose serious challenges to the police system and mechanism in China.At present,the main contradictions in the field of police power in China are: the conflict between the society's appeal for the modernization of the police system and the inability of the police system to respond to social appeals.To solve this contradiction,it is necessary to promote the reform of the police system.The foundation and core of the reform of the police system lies in the scientific definition and rational construction of the police authority.In the Chinese context,the crux of the institutional and institutional predicament of the police in our country is inconsistent,and the key to the reform of the power is science and legalization,which constitutes the core proposition of this article.Specifically,the police power has a unique internal mission and logic of action.The solution to the above problems is to promote and realize the scientization and legalization of police power allocation,division and operation mechanism.Focusing on the above-mentioned core propositions,this paper develops a systematic study based on the ideas of theoretical construction,problem analysis,cause summary,and countermeasure construction.First,it outlines the basic principles of police power.Through the definition of the connotation and extension of the police power,the research foundation is built.Police power is a comprehensive power,which includes both administrative enforcement powers and criminal judicial powers.The division of police power essentially belongs to administrative decentralization.Historically,our country's “police system” has a long history.Therefore,the power of police officers must be branded with history and have historical limitations.Second,it investigates the status quo of China's police power and summarizes its existing problems and deficiencies.Judging from the status quo,China's police power is regulated by law.Public security and order are the core missions,and its content is diverse and complex.There are the following problems in our country's police power: Vertically,the division of authority between the central and local police is not clear,resulting in the problem of misplaced and offside positions in the public security work;horizontally,the boundaries of police power are unclear,and there is a danger that police power will expand indefinitely;police power and other The overlapping and overlapping of administrative powers cannot form a synergy;the lack of autonomy of the local police powers has been improperly intervened by the local party committees and governments,and the public security departments at higher levels.The internal scientific power is insufficient;the police's power is not fully guaranteed.Again,the experience and enlightenment of investigating extraterritorial police powers were explored.Through the examination of the law and practice of the division of police power in developed countries such as the decentralized countries represented by the United States and Germany,the centralized state represented by France,and the composite country with the combination of centralization and decentralization represented by the United Kingdom.To understand the experience of some Western rule of law countries in the police system,the division of police power,financial security,and the rule of law.Western countries pay attention to the scientific division of police powers,the clear definition of the boundaries of police affairs between the central and local governments,the central government's transfer of local police powers,and actively promote the rule of law in police power.Fourth,construct the principles and theories of the reform of police power.According to the knowledge of political science,economics and law,combined with the characteristics of police power,the principles that should be followed in the reform of police power,including but not limited to: the principle of legality,the principle of maximum effectiveness of the subject,two principles of positivity and the principle of limited police.The principle of legality includes two levels: normative legitimacy and political legitimacy;the principle of maximal effectiveness of the subject requires proper decentralization between the central police authorities,and the power should be given to the subject that can exert its maximum effectiveness,that is,the function of dividing the power.Sexual orientation;two positivist principles require recognition of local autonomy and autonomy,and the implementation of moderate checks and balances of the central police;the limited police principle emphasizes the limited power of police power and prevents the infinite expansion of police power boundaries.Fifth,establish a specific path for the reform of police power.According to the concept and principles of the reform of police power,combined with the characteristics of police power,the specific requirements for the reform of police power in China are as follows: First,in the vertical,according to the theory of public product stratification,the powers of the central and local authorities are divided,and the level of the power itself is proposed.structure.Second,analyze the imbalance of the allocation of police power in our country's central government,and put forward a perfect path.Third,horizontally define the relationship between police affairs and other administrative powers,and rationalize the relationship between police power and government power.Fourth,to promote the socialization of police power.Sixth,build a police power guarantee mechanism.Based on the reform of powers,the reform of the police power guarantee mechanism is promoted.First of all,promote the rule of law of the police power,change the administrative tendency of the division of police power;Second,with the power as the center,improve the police financial security,including but not limited to: spending responsibilities and financial security are appropriate,financial management should be controlled Police power,perfect transfer payment system,etc.Finally,with the power of authority as the center,optimizing the structure of the police organization includes,but is not limited to,the establishment of inter-regional police coordination agencies,the optimization of internal agency settings,the establishment of authority,and the dynamic adjustment mechanism of organizational institutions.