Police Administrative Law Enforcement The Right To The Norms And Constraints

Administrative execution authority, main part of police power, hasan immediate connection with rights of the public and thestabilization of the society. It is undeniable that the wide range ofpower of police authorized by laws and regulations on basis of thecountry' s current legal system and social development has led toabuses in practice. Such situation has drawn the attention of manyscholars. For some time, regulating right of administrative executionof police has been a hotspot of research among scholars and lawpractitioners and many useful ideas and suggestions have been madethereof. There is no power that can be executed without restriction.Administrative execution authority is no exception. However, theauthor holds that, on the current situation, regulating administrativeexecution should also be attached great importance. Regulation andrestriction are two distinct and co-related concepts. Regulation ismainly concerned with the procedural improvement of the issues emergedduring the process of administrative execution, including the correctexecution of police and the protection of their lawful rights. Basedupon the much too formidable administrative power of police,restriction is proposed to help to enhance supervision and confinementof the administrative power of police for purposes of protecting therights of the counterpart of administrative execution who are on arelatively weak position. On basis of analyzing the current situationof administrative execution of police in China, pursuant to the basic thought that regulation and restriction shall both be attachedimportance to, the author intends to have a deep study on the doctrineand mechanism of regulating and restricting administrative executionauthority of police, the purpose of which is to maintain publicsecurity and protect rights of the public. The well-functioning of theadministrative power of police will contribute to harmonious andstable development of society. This thesis will concentrate onregulation and restriction of administrative execution authority ofpolice and discuss from the following aspects:The first part will start from a criminal case on administrativeexecution authority of police, which is written by Suli in his bookLet the Countryman Know Law: A Study on China' s Grassroots JudicialSystem. This case will lead to issues such as whether the currentregulation on administrative execution authority is severe enough, howto relieve the tension between power of police and rights of thepublic, how to enact in laws and regulations, how to balance controlof police power and efficiency of administrative institutions.Discussion of these issues will guide the expatiation for thefollowing paragraphs.The second part will be about the meaning of administrativeexecution authority of police. The author will separately define thedefinition of "power of police" and "administrative executionauthority of police", difference between the two concepts will alsobe mentioned.In the third part, the author will compare doctrine ofadministrative execution authority of police in China and abroad.There are two modes of executive power overseas: control mode,represented by Britain and United States; management mode, representedby German (before World WarⅡ). However, most countries hold the view shall be on based on limiting and controlling power, namely, executiveauthority shall not intervene too much in private affairs but shallmake all efforts to protect freedom and automaker of individuals. Therole of government is to apply the law, maintain public security anddefend the frontiers. Traditionally, China is obligations-centered,which means that individuals shall bear the responsibilities for theemperor, the country, the society and for others. Consequently, duringthe execution of police power, rights of individuals are not paid muchattention and status of rights of individuals is not defined clearly.We could conclude from the comparison above that constitutionalgovernance and protection of human rights shall be the importantdoctrine that is preserved during administrative execution of police,or administrative execution authority will not be accepted by thepublic and will not be able to play a positive role in the managementof social affairs.The fourth part will analyze in a deep way issues took placeduring administrative execution of police and contend that it isnecessary to regulate and restrict administrative execution authorityof police and to resolve the issues took place during administrativeexecution. This thesis lists four issues: first, discretion of policeis too much for the policemen to misuse; secondly, unfair executionwhich arose "industrialized administrative execution"; thirdly,policemen in China have little knowledge of following procedures andthus procedures are not strictly obeyed; fourthly, neglect of humanrights, violation of human rights can be seen everywhere.The fifth part will analyze the reasons behind the issuesmentioned above and provide some thoughts for regulation andrestriction of administrative execution authority of police. There maybe five reasons: first, lack of laws and regulations; secondly, policemen have not fully understood rule of law; thirdly, public powerare not fairly stipulated; fourthly, public security and local financecan not be maintained; fifthly, lack of supervision on administrativeexecution authority of police.The sixth part will have a primary study on regulation ofadministrative execution authority of police and some suggestions willalso be put forward. First, doctrine of administrative execution (meetthe needs of the public, protect human rights, decrease use of weapon,procedures first, et al) shall be correctly observed; secondly,regulating administrative regulation and form a normative andsystematic administrative execution system; thirdly, principle ofproportion shall be introduced to regulate administrative executionauthority of police.The seventh part is mainly concerned with three mechanisms toenhance restriction on administrative execution: first, to check powerby power, using judicial power to regulate administrative execution ofpolice; second, to check power by right, developing a mechanism inwhich rights of individuals may confront power of pubic institutions;third, to check power by conscience, regulating control throughconscience.