Constitutional View Of Restricting The Police Right

Police power includes the executive power and judicial power. This should observe the principle of legality, the procedural principles and the principle of accountability. However; there are big problems of alienation in the system defects and running field. The former represents the criminal justice power intensity is too large. Which means the police power lack of appropriate supporting legal norms; on the other hand, the public security system is far stronger depending on the local government. The latter reflects the abuse of police power, the erosion of rights, not to mention the power degenerates into the tool which belongs to the few people, so as to protect their interests. And the police power reduces inappropriate while the civil rights expansion improper.The quality of the problems above, one reason is that the police power has been erased.The other reason is the supervision mechanism has not developed fully enough. In the theory of people’s sovereignty, division of authority checks and balances under the guidance of the theory and the country under the rule of law concept of governance, we should enlighten the guidance of the principal leaders and officers of the law. Separate part of the public security administrative power, and we also should establish the system of sound identify and the system of reasons. In addition, limiting the police discretion moderate, so as to improve the supervision of norms is also in the emergency, we hope that all of this can strengthen the legislative power limit. What more,we can apply the Judicial writ in order to strengthen the judicial restrictions on the right, and protect the rights of the individual citizen oversight and the news media, so that we can maximize the constitutional judicial writ value of citizens’ orderly political participation.