China's Police Powers Of Legal Control Study

Police power is the important part of the state power. It has important meaning to maintain society peace and insure society stabilization. But recently, the issue is standing out that the people policeman misuse the power and impinges the legal right of the citizen. In order to standardize exertion of the police power and ensure the legal right of the citizen, the text has carry through a research of the law control of the police power. The text is divided into five parts.The first part: the police and the police authority. This part is mainly starts with conception analysis and expatiates the conception of the police and the essence of the police and the conception of the police power and the character of the police power and the transformation of the police power to police authority and the basic content of the police authority.The second part: the relationship of the police power function and the human rights insurance. Firstly this part expatiates the conception and content of human rights; secondly discuss the attitude that the world countries look on the human rights and the phenomena that they ensure the human right through legislation; thirdly introduce the consciousness tradition that our country ignore the human rights protection and the reality that our country conform today world development tide and ensure the human rights through legislation; Finally indict the relationship between the police power function and the human rights insurance through the discussion of opposed and uniform relationship between the state common power and the citizen private right. That is it can reach the purpose of human rights insurance through reasonable controlling of the police power.The third part: the problem of the police power in ensuring human rights in our country. I have list the following existed recently centralized problems of the police power function through checking the laws and combining the representative case occurred recently:1,the law consciousness indifference and losing service consciousness of the police power function body. 2,administrational execution of the law is still seemed at will. 3,administrational punishment power is too powerful. 4,the illegal evidence excludability regulation is not really established. 5,the use of the compulsory measures is not formally seriously. 6,the phenomena of extorting a confession by torture is still serious. 7,the lawyer assistance in the investigation phase is nominal.The forth part: the nowadays problems and reason during the police power function process. I discuss the reason that problems occurred during the police power function process from six aspects. 1,the influence of authoritarianism opinion; 2,the ignore of the purpose of the police power exertion; 3,the police legation is faultiness; 4,the lack power of the power restriction; 5,the limitation of economic factor.;6,the indifference of the citizen cognizing the right.The fifth part: some consideration of perfecting of carrying through the reasonable control of the police power function. I reference the experience inside and outside the country and put forward the detailed method of reasonable control of the police power in our country. It includes: 1,build up the consciousness of right insurance; 2,enhance the legislation control of police power; 3,carry out dispersed power to the police power; 4,enhance the judicatory control of police power; 5,perfect the status of the lawyer, enlarge the purview of the lawyer, reduce the risk of the lawyer; 6,expand the citizen right moderately.Finally, I summarize that there is beauty and badness two aspects of the power. If the power is used properly, it can accelerate the development of the society; if the power is used impolitic, it will become the autocratic tool to impinge the citizen right. So we should avoid the hypercorrect mistake when we control the police power actively.