Study On The Enforcement Of Public Security Under The Rule Of Law

In legal aspect, public security organ falls in the ambit of executive, so public security power has the essential attributes of executive power such as initiative, coercive and unilateral, etc., at the same time, it is subject to law of criminal procedure and justice. The power of public security law enforcement, featured in legal, coercive, subject of right and other specialties, is an authoritative measure/approach lawfully taken by the public security organ to perform its duties. The power of public security law enforcement contains power of administrative law enforcement and power of criminal law enforcement. The former includes administrative disposition of public security, power of administrative penalty of public security, power of supervision & inspection of public security, power of examination & approval of rehabilitation through labor, administrative coercive power of public security, emergency disposition; and the latter includes power of filing placing, power of investigation, power of criminal coerce, power of penal execution and power of use of police weapon.In order to explain the value and principle of "rule of law" and law enforcement of public security, and to construct law enforcement of public security on conditions of rule of law, the value and principle of rule of law must be defined clearly. The rule of law constructed by China with effort is not yet appeared in history and contains a essential meaning based on intrinsic value and power restriction. In an open society, there is only one function for the government, to maintain the rule of law, that is, to defend the abstract, surpassing personal partiality, predetermined, highly transparent, and thus universally supervised orders that allow people to calculate gain and loss before action.In a virtual view, there are still some problems in law enforcement of public security, focused on problems in administrative enforcement and criminal enforcement of law of public security, mainly that the ideology is not meeting the demands of new conditions in market economy, overall quality of law enforcement low, procedure for law enforcement underdeveloped, using torture to coerce a statement still existent, supervision mechanism of law enforcement not developed and that police often breaking rules and disciplines, which is the typical indication and comprehensive reflection of existing problems underlying law enforcement of public security.Enhancement of quality and standard of law enforcement of public security on conditions of rule of law requires more than one strategy to work together to perfect the criminal enforcement of law and administrative enforcement of law of the public security, to dissolve some mistakes in the thoughts of policemen in public security system, to secure human rights, prohibit using torture to coerce a statement, develop legislation of reformation and reeducation through labour,to strengthen supervision upon law enforcement of public security, to take relating measures, and combine these aspects into one organic unity to build up a long mechanism of enhancing law enforcement quality and level of public security. (1) Starting from elevating law attainment of people's police, so as to eliminate all problems underlying the law enforcement of public security. Since police power is a special and deterring power that only highly accomplished persons should use so as to prevent optimally power corruption. The overall law attainments of policemen must be elevated so as to improve the law enforcement status quo in public security system; (2) Prohibiting using torture to coerce a statement. To enhance system building up and lawyer supervision, develop and utilize modern hi-tech equipment, apply simultaneous sound recording in inquiring criminal suspects, which are all good measures or approaches. In addition, legalization is still to be further improved; (3) Reformation through labour to be legalized as soon as possible. It's stated in Article 9 of Law of Administrative Penalty of the People's Republic of China that "admi...