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Police Power And Civil Rights Balance Primary Theory

Posted on:2010-06-20Degree:MasterType:Thesis
Country:ChinaCandidate:N N SunFull Text:PDF
GTID:2166360275489650Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Police power and civil rights as the rights of public power and private representatives, both at the theoretical level or in reality the potential for conflict exists. As China's democratic process, the deepening of the rule of law, protect human rights and limited government has become the main theme of the community.Throughout the state power system is undoubtedly the most representative of the police power, police power because of its "own talent," every citizen of our life is closely related to the police too much power is bound to violate the legitimate rights of citizens, restrictions on police the right of our democracy, rule of law has become an outstanding performance of the process. However, we tend to ignore things on the other hand, take a look at around the frequency of anti-violence law, "assaulting a police officer" event, give us another hint.Police powers of the regulatory system or expansion process, the correction will inevitably be too much for anyone to now, when we take drastic measures to limit and restrain the police power, may lead to the weakening of the police power, and it is difficult due to lack of strength to maintain order. Further said that the police authority will lead to the loss of the loss of government authority, the absence of the rule of law. Faced with this double predicament, the traditional "management theory" and "control power" have to do so, the theoretical basis of administrative law in the "balance theory" for us to study the police power and civil rights provide a new perspective and theoretical support. To the police the right to achieve real positive interaction with the civil rights, we must first clear the police power, the scope of citizenship and straighten out the relationship between the two, on this basis the police search for the right balance with the principle of citizenship, and in the balance under the guidance of the principle of police power and civil rights to determine the equilibrium point and the police power and civil rights to balance the system and to build , so that police power not only the balance of civil rights theory has the support and overcome in practice how to balance the police power and civil rights difficult. The eventual realization of effective protection of civil rights with police power to run a unified high-performance, and strive to achieve not only the legitimate and reasonable to maintain the content of civil rights to adequate protection of the police power operation reach a harmonious environment.
Keywords/Search Tags:Police Power, Civil Rights, Balance
PDF Full Text Request
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