Police Nomocracy Under Government's Nomocracy Angle Of View

Police power, serving as one of the most typical administrative powers, plays an important role in maintaining social order and basic human rights. Yet its intrinsic character is not only outstretched but compulsive and unruly, all these make it prone to lose control and endanger franchise, rights and interests of citizens, sometimes even override democracy ,freedom and nomocracy. Moreover,It also represents the level of execution of law and nomocracy of a country. As mentioned above, police nomocracy has its special status and importance, it is basic component and front area of a government's legal system. It is necessary to work on relative theories and gain directions for its development. Currently, there are massive constructive suggestions on its operation principles and system construction, beyond all doubt, it is positive for promoting police nomocracy. Generally, still there exists some flaws from macro and micro perspectives. Based on this situation, integrated with basic theories and practices,this article tries to work comprehensively on police nomocracy in the background of a government's nomocracy.It falls into five sections: in the first section, the author will discourse on basic theories, include conception of police, its evolution and signification , properties and characters, basic principles should be followed under construction of police nomocracy; In the second section, the author will analyze the kernel category of police power and franchise:the relationship between them .Expansions and conflicts are its extrinsic token, freedom and order are its essences;its final goal is realizing a reasonable and dynamic balance between police power and franchise.To achieve this goal,and realize check and balance, we must emphasize particularly on controlling police power. In the third section, the author will deal with basic principles should be observed.As followed: demarcate boundaries with police public principle; apply due process as independent value; regulate police arbitrary power with proportion principle; use profit principle to seek efficacy ;make responsibility the last defence line of duly operation of police power. In the last section of this article, the author will analyze the problems we met in practices and approach to the systemic reasons, supply supportive basis for construction of police nomocracy,and put forward some initiative suggestions on constructions of police nomocracy under government nomocracy, include :reform current police system; rebuild police power operation processes; optimize the supervision and check mechanism; improve administrative relief system.