The Relationship Of The Police Power And Civil Rights

Police power and civil rights are very important issues in the law science of police. The police right was first put forward as a new theory in 1995, as the People's Police Law of the People's Republic of China was promulgated. The function of protecting civil rights is becoming more and more obviously with the progress of legal civilization and the reform of legal system, at that time, our country has signed successively many conventions such as Universal Declaration of Human Rights, The International Covenant On the Civil And Political Rights, The International Covenant on Economic, Social and Cultural Rights The International Covenant On Economic, Social and Cultural Rights.Combining the police's practice of enforcing the law, this article is trying to analysis the police's power and civil rights overall base on the relationship of the two parts in order to point out the law of the unity of opposites of the two parts and their developing trend which are the typical antagonistic contradictions.This article contains five departments:The first department is generalizing of the police's power. It includes the definition, characters and identity of the police power, and summaries the brief content of the police power.The second department is essentials of the human rights and the civil rights. It studies and discusses the relationship between human rights and the civil rights, and summaries the brief content of the civil rights.The third department point out that the insight of the relationship between the police power and the civil rights is the performance of the power and rights in the religion of the police function, the two aspects are not only confliction but also dependent each other, the relationship between the police power and the civil rights is a motional balance basis on it. This part indicate that the final aim of the police power is to protect the human rights.The fourth department point out that the police power abrupt the civil rights when it functions, in the meantime the civil rights affect the police power in many aspects, so as to it is conflict and unbalance between the circulating of the police power and the civil rights. This part studies the phenomenon of the affection between the police power and the civil rights.The fifth part points out a new balance between Police's Power and Civil Rights, and in order to protect the civil rights it is the quicker the better that to reason the police power, to extent the civil power to the reasonable degree to limited the police power, and finally the balance of the police power and the civil rights.