On The Right Of The Police In The Operation Of Civil Rights Protection

From ancient until now, the police power and the civil rights is always in mutual coordination more or less as a contradiction of the unity of opposites. The police power represents the public interest, limits and restraints civil rights through police power movement; but to pursuit the purpose of the civil rights protection is a higher requirement to the scope and the way of the police power running. The police power and the civil rights are in search of the best balance in this interactive relationship. In the national development different time, the relations of the police power and the civil rights presents different shapes. In the "police state" period, the police power antenna extended to each domain of social life, revealed the versatile country authority fully, civil rights retreated to the narrow corner of society; In the "country ruled by law" period, along with the ideas establishment of supreme authority,limited government,checks and balances of power, the police power was be included in "the rule of law" trap, but with liberalism ideological trend starting, also further adds fuel to the flames for the strengthened human rights and the civil rights safeguard. In "welfare state" period, complied with the trend of "management of government" to "service-oriented government", movement way and scope of the police power also had the tremendous change and meet the demand of the civil rights protection maximally through active and positive intervention. At the same time, the realization of the civil rights protection in the police power movement, also needs a good constitutional environment to support and maintenance, the constitutional government connotation involved such as democratic idea, spirit of limits the power, the government by law principle and the value of human rights and so on can provides the theory strut and the system platform for the police power movement benignly and the civil rights realization effectively. To solve the civil rights protection in police power movement in our country, a series of system construction are concerned, mainly manifests in delimiting police power responsibility scope by entity legislation; controlling the police power operation mode by procedure legislation; enhancing sense of self-discipline by establishing accountability system.