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China Police The Right To Constitutional Analysis

Posted on:2008-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2206360215460822Subject:Law
Abstract/Summary:PDF Full Text Request
The police power is one of national important administrationauthorities, the police function is the state function importantconstituent. In carries on the socialism country under the rule of lawconstruction in the process, how is the more powerful control statepower movement, by the better safeguard rights of citizens, the mainquestion which our country current faces. The limit state powerexpansion, practically safeguards the rights of citizens, is theconstitutional government basic request. The limit state power expansion, practically safeguards the rights ofcitizens, is the constitutional government basic request, maintainsthe rights of citizens and the state power balance is the modernconstitutional government core idea. Our country police powerconstruction also must implement this request. Our country policepower is the state power which current most receives accuses,therefore cleans up the police power the understanding, becomes theurgent matter.maintains the rights ofcitizens and the state power balance is the modern constitutionalgovernment core idea.This article studies in the predecessor in the foundation, in view ofthe our country present stage to the police power understandingerroneous zone, first inspects the western nation the police concept,reviewed police's origin, and analyzed the police power nature, thecharacteristic, and disappeared the other long connection to theconstitutional government order development and police power this tomake the preliminary analysis. In the model foundation, the carefulanalysis our country police system history and the present situation,simultaneously to the question which existed immediately andinsufficient has also made the discussion, put forward the perfectproposal:This article altogether is divided three parts:The first part, obtains from police's concept, in detail inspected inthe western nation police's origin, the characteristic and the modernpolice system historical evolution. Analyzed the police power concept,summaried the police power nature and the characteristic, brieflyintroduced the western modern constitutional government developmentthe course as well as the police power evolution course.The second part, first briefly reviews our country constitutionalgovernment question the origin and the development evolves, theinduction summarizes our country modern times constitutionalgovernment idea model characteristic: The constitutional government -is prosperous and powerful. Promulgates this utility understandingmentality always to affect today. After that, introduces our countrypolice's historical survey, our country modern times police. Andpointed out that, The public security is the Chinese characteristicpolice system, is a world police system part. Our country police poweraffected area light, the authority was at will big, has analyzed ourcountry in the comprehensive proof our country police power monopoly,in the widespread foundation, has analyzed our country police powerlegal basis. Our country police power content is widespread, nearlyincluded the social life aspects. In the practice, as a result of theauthority establishment monopoly, the legal system is not perfect, theauthority control was weak, has initiated many questions. The policepower system reform into impels the Chinese constitutional governmentconstruction the auxiliary booster.The third part, from impels our country constitutional governmentconstruction angle to embark, proposed consummates the police powerthe suggestion. First must make the adjustment to the national legalframework, in makes the accurate nature localization to the policepower, simultaneously the immediate cleaning up and the constitutionconflict the legal laws and regulations and the rules and regulations,enable the public security law enforcement to have the complete legalbasis. Next, the scientific disposition authority, gradually changesthe present universal police system, at the right moment divides theadministrative police and the criminal police, straightens out theauthority restriction mechanism. Third, reforms our country to examinethe system, relocates procuratorate's in state power system status,the strengthened procuratorate's surveillance function; Theintroduction judicature examination mechanism, practically strengthensto the police power surveillance and the restriction, the guaranteecountry constitutional government construction goal realization.
Keywords/Search Tags:police power, constitutional government order, movement principle, perfection
PDF Full Text Request
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