On Police Executive Power In Constitutional Society

The police power is changing along with the development of human society. Thanks to advancement of human civilization, the boundary of the police power is smaller and smaller. Police executive power is one of the powers, which are most closely related to citizens with the main character of limiting personal liberty. The police executive power functioning in a society, to a certain extent, is a symbol of the level of this society's civilization's development The police executive power is in inverse proportion to the civil rights on a certain condition. That is to say, the expansion of the police executive power means the reduction of the civil rights. Managing states affairs in accordance with law and building the socialism country under the rule of law has been a basically general plan for national management The police executive power should be properly limited by law. In order to guarantee the civil rights, the police executive power, under the rule of law, should be examined again by consciousness of law and should be established and exercised by the principles and concepts of laws. The police executive power in constitutional society will not exceed the scale of law because of strict control. Its value lies in protecting people's benefit and society order.Our country is in the period of transition from the country ruled by law to the modern country ruled of law. But there still exist some problems in the procedure of performing the police executive power. As the obscure expresses of relate institution, the police executive power can't be controlled efficiently. It is crucial for the public security organs to make just and fair enforcement, but there still exist some problems that the police might misuse the police executive power. As the short of legitimate procedure concepts, the institution of administrative procedure somethnes is not effective. As the lack of supervision on the police executive power, it can't be controlled efficiently.Police's executive power is granted by the constitution and the laws to the public security organs and people. The use of it is aimed at the maintenance of public order and safety. Rule of law, which is a reorganized system containing many elements, is the reasonable scheme to resolve the problems in the operation of the police executive power. The administrative bond between the private party in the administrative process and police executive power is a basic term in the system of rule of law. The reasonable scheme is including some facts: perfect the law of allocatingthe police executive power, strengthen the institution of police administrative procedure,emphasize die supervision on police executive power and remedial measures should be taken tomaintain people's legal rights, add the institution about executive police's obligation. The law of police executive power should obey the following basic principles: the powers are taken according to proportion, the trust on administration should be protected.