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Comments On The Reasonable Construction Of Police Power Viewed In The Angle Of Human Rights Guarantee

Posted on:2008-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:Z B YuFull Text:PDF
GTID:2166360242473721Subject:Law
Abstract/Summary:PDF Full Text Request
Police power is an important component of nation power, which has irreplaceable function in maintaining social order, national stability and safety of people's life and property,and the foundamental value tropism and ultimate aim of it's founction is to ensure human rights. Police power is legal,compellent, universal,which involved many fields,and if which lose restriction and criterion, human rights can be infracted easily. So, how to construct police power reasonably has important meaning to promote the government administration within the law, realize a nomocracy nation, and to guanrente the aim of human rights.The study tries to explain the property and character of police power,also specializes the main problem on the setting and functioning of current police power faithfuly,and profound anylizes the cause of abusing of police power subjectively and impersonality. By analyzing of the relationship between police power and human rights guarantee, it points out the range of police power should match with country's intention which should be recognized by all citizens. Whether expand or restrict police power should depends on the situation of social public security and citizen's demands of police power. Expanding or restricting randomly both go against the realization of citizens' rights. This study states the thought of constructing a reasonable police power: adapting to the social developing status ,with the premise of police power's vadility, with the main line of police power belonging to administration power, with the logical starting point of the evil side in human nature, by means of criterion and restriction, with human rights as the ultimate goal,collacating and functioning police power should be based on the principles of human rights guarantee and scale etc,and reasonably constructing police power should by the means of perfecting lawmaking , strengthing law executing, reforming judicature, renovating system and so on.
Keywords/Search Tags:human rights guarantee, police power, power function, construct reasonably, collacate principle
PDF Full Text Request
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