On Procedural Control Of Police Authority

The common people and the scholars all have one kind of mixed feeling about police authority. Police authority has penetrated into the social life aspects, from criminal investigation and criminal capture to registered permanent residence management and traffic safety. With abuseand expansion of police authority, along with the media to disclose the police's scandal, the question of police authority appears gradually and becomes the social question receiving the public attention. Some scholars denounce that the inflation of police authority is the most major problem which now the Chinese judicature faces. Thereupon, we have to discuss the appropriate boundary of police authority, whether it is limited or not, how to limit as well as the limit boundary. As a policeman who took many years police service in the institution and the basic unit, the author, from the unique view of "saying the police in the police" as well as the theory and demonstration angle, rationally regards the realistic mess which the execution of police authority faces in our country, analyzes the fundamental reason for abuse and expansion of police authority, gives some ideas to police authority by law view, tries hard to seek the balance between police authority and the civil rights under the social desire and law request, and gives a appropriate localization for police authority.Firstly, regardless of its merit, the unique function of police authority to maintain public security and keep social order is unable to deny. In modern society where people are numerous and disorderly, benefits are different and conflicts happen frequently, the people are more and more urgent regarding the security and the order demand. From the angle of maintaining society stability and attacking crime, we cannot leave even request to entrust the police with a bigger authority. Therefore, police' s function is difficult to substitute.Secondly, the framework of police authority in our country is unscientific and the procedure limit in the execution of power is extremely short. There are many problems in the procedure tradition, the procedure legislation, the procedure idea and the procedure execution, which pose the threat to the citizen private power and freedom. The reasons for abuse of police authority are also extremely complex, including system and management. The problems of police troop are worth us profoundly reconsidering. However, I thought the current most thing is to strengthen the procedure control, because "No right procedure, is the fundamental difference between the rule of man and the rule of law", and police authority is one kind of forceful political power. Force to arrive the extreme is despotic, and lack of procedure limit easily leads to disassimilation".Thirdly, according to the constitutional government theory, the protection of human right and the civil rights is the highest criterion of the execution of police authority, is the standard whether police authority is right. The police authority depends upon, not only government's authority definitely, but concern for the individual right in the society. The police authority cannot "be in outside the society or above the society", but must be put in under the social supervision and the rule of law. Herein, police authority is right and legitimate, the society can maintain harmonization and stability .Therefore, the boundary of police authority only can be regulated by law. No legal prohibitionis to be legitimate for citizen. No legal authorization is to be prohibited for the police.To sum up, the society both needs the police to keep social security, and is afraid the police abuse of authority to endanger the rule of law. Accordingly, two aspects all need to pay attention: to keepsocial security by improving police' s treatment and quality, and to restraint police authority fromabusing. To prevent the expansion and abuses of police authority, it's the most basic thing to carry on the reasonable limit, namely to performlaw and procedure limit to society controller, including setting up several basic ideas (legal idea, procedure and justice idea, procedural precedence idea and so on), optimizing police authority's system disposition (carry on reform from management system, organization system to exercises system), establishing basic principle of execution (law, public, proportion, integration of power and responsibility, power equalization principle), perfecting supervision system of execution (strengthening procedural safeguard, strengthening judicial examination, consummating right relief, conforming surveillance system and so on).