On The Administrative Law Control Over The Security Police Power

Police powers is an imporer of state that State in accordance with the Constitution, the law gives the police authorities in the Police Act, the implementation of policing powers.It is an important part of the country's sovereignty and the constituent elements of the police occupational.According to police the content and the application of different rights, the police power can be divided into the right to order the police power and criminal police, the former mainly refers to the state will give the public security organs at all levels, and its police officers the power of the administration of social order, such as the public security organs at to perform the administrative functions of security management taken by the security management, security inspection rights, law and order the right punishment, law and order enforcement rights. The latter mainly refers to public security organs in accordance with "Code of Criminal Procedure," the provisions of law to exercise investigative powers in criminal cases, in handling criminal cases with the People's Procuratorate, People's Court in each division, mutual cooperation and mutual restraint to combat criminal powers, such as the public security organs in carrying out the criminal functions of the right to use the criminal investigation, criminal enforcement of the right, the criminal penalties rights.This article is from the perspective of administrative law and order the police of the right to explore the regulatory system that the security police of the right as a executive power, is different from the judicial nature of the criminal police of the right, but also different from the executive power, it is has its a special nature, such as administrative, public sex, specific, mandatory. According to law and order police power is different, it can be roughly divided into the right to security management, law and order the right punishment, law and order measures of the right to order mediation, applicable police equipment and weapons, the right to a state of emergency right of disposition. Through the security police the right to protection of human rights principles, the rule of law, authority to impose restrictions in principle, the principle of proportionality, as well as to explore the principles of due process of law and order in our country the exercise of police power in the analysis of the problems, including laws, regulations, norms imperfect, power is not configured reasonable procedures are not standard, and supervision mechanism is not complete and so on. From the perspective of legal regulation of administrative law, management system, process control, monitoring mechanisms four aspects of the regulatory system of policing the police the right to make relevant recommendations.