Exercise Of Police Power

Police power with the purpose of controling social security order and protecting rights of people is a kind of public administrative power with a nature of violence, which has very wide range and many kinds and is involved with all aspects of rights of people . So, that how police will do , not what police should do, should be observed with emphasis. That is, how police should exercise their powers needs most attention.We sumed up six principles on how police should exercise their powers in this paper. The first principle is respecting and safeguarding human rights.The second is performing duties in accordance with the law. The third is public intervention. The fourth is taking responsibility for violating order. The fifth is proportion. The last is doing in time and effectively.Nevertheless, in real police practice , police usually depart from these principles when exercising their powers. Problems of infringement to civil rights have happened frequently. And the result of exercising police powers was not satisfied to reach public reasonable exspectation when facing lawless acts or crimes. In this paper ,we tried to find out fundamental problems through observing and analysising three factors involved with the exercising of police power,and then to correct them.In the first place ,we observed and analysised the leadership system of police and the system on fund of practice by police, and introduced those systems in West Australia .There is a kind of cooperative relationship between the police and the local government who have no direct leadership to the police on system and funds. The government perform a role of assistance coordination in police practice and do not interfer with setting up principles or developmental strategy. So , it has ensured the police fairly and efficiently exercise their powers. But in our country , defects on the system of police leadership and funds of police have led exercising of police power to abnormal development.Two measrures for correcting the defects can be provided.The first is reforming the existing system of police leadership .The second is reforming the existing way of ensuring funds of police. Secondly, we observed the defect of judicial control of exercising police power which is not effectively controlled because the weak control of jurisdiction . For this defect , we should perfect the control of jurisdiction on exercising police power and change the power of judgement with the nature of justice possessed by police into a power of application.At last, we obserbved defects of the system of incrimination . In this paper, we introduced the practice of police in New York to combat crime through adopting a theory named "zero tolerance". This theory emphasised tat we should crack down on light crimes, so that serious crimes would be suppressed in the bud and some wrong or offense would be preventet from extension and going up . Chinese police have made efforts in cracking down crime, but what the police stroke were sever serious crimes,the common wrongful acts were not checked by strong police power.The diffrence in the system of incrimination between these two countries is a factor of diffrent effect in cracking down crime by police. All wrongful acts harmful to public order in America were recognised as crimes. So, what the police cracked down were all wrongful acts.But in our country, common wrongful acts were not recognised as crimes.So we can imagine that to take common unlawful activities which frequently and strongly irritate the sense of security of people into the scope of the criminal and the striking by police.