Rational Reestablishment Of Police Power In China

Police power has irreplaceable function in maintaining social order, national stability and safety of people's life and property. The construction and regulating of police power is a critical issue in relation to the fundament of a country. The study reflects realistic implementation predicament of police power in our country at first, and systematically analyze related cause at system level, such as unreasonable setup on police power, ineffective supervision mechanism on implementation of policy power, improper local interference on police power, unsecured outlay for police, and so on. And the study also holds that to overcome the institutional defect of police power in pur country, it is necessary to. take judgment of "police power is the administrative' power" as the main line, evil human nature as the logic starting point, human right guarantee as the ultimate goal, and appropriate power-separation as the method, thus to restructure police power rationally, economically and properly. We should draw lessons from foreign advanced theories, with ensuring citizen's legitimate rights and interests as the goal, to establish and implement some modern law principles to control police power as soon as possible, such as human rights guarantee principle, police public principle, police proportion principle and police due procedure principle. Meanwhile, we should build an operational environment where police power may be implemented legally and effectively via following aspects: First, carrying out large-scale judicial reform to make police power be under sufficient and effective justice control; Secondly, enlarging civil rights to seek relative balance of implementation on police power; Thirdly, accelerating the construction of relevant systems to meet the implementation requirements of modern police power.