Research On The Regulation Of Administrative Power Of The Police

Administrative power of the police, compared with other executive powers, is a compulsory national administrative power with force character, which has the various rights of restricting the personal rights, property rights and freedoms. So executive powers of the police are more characters of the expansibility, distensibility, aggression and attack.Since exercising power of the police may cause some hindrance to citizens’rights and fredoms, it is more reasonable and necessary to restrict the police rights. In order to study executive power of the police, the concept of power of the police should be clarified firstly. Scholars both at home and abroad have different understanding about power of the police and executive power of the police.But one idea that power of the police containing the power of public order administration and criminal investigation, comes from law,tends to unanimity. There is a big gap in the definition of executive power of the police,but if we analyze nature of executive power of the police, we can conclude that police executive power is part of generalized police power,and Special police power, that is police executive power,contains power of public order administration and criminal investigation.Administrative power of the police ought to abide by three general principles of proportionality, commonality and procedures of executive power of the police under the legal framework. Principles of proportionality contains three less important principles of suitability, necessity and delineated principle of pcrentage rate. By compared with the history evolution and condition in Chinese and two big legal systems of executive power of the police,we can find that a few problems remain in confusion of law status, too big scope, too severe punishment and unsound supervision restraint mechanism of executive power of the police Meanwhile, executive power of the police breakes through borders of law regularly in the implementation process.Anther problem is that the police enforcement powers are constantly weak in the implementation process. There is also a problem of deficiency of police rights and interests guarantee.So, it needs to hunt suitable way and direction that regulate executive power of the police in the process of Chinese development of rule of law. More specifically,it contains four aspects.Firstly, improve, abolish, change illegal upper law provisions,and establish directive position of proportionality in the implementation process from legislation. Secondly,some of police powers should be canceled,transferred, divided in order to narrow the field of power of police from the limits set by the law. Thirdly, relevant procedure rules in the field of criminal law ought to be introduced to in the field of administrative law so as to restrict the state power and guarantee civil rights. Fourthly, change regulatory system of police, and reduce local protectionism avoiding improper intervention about executive power of the police from system restraint. Through these ways,it is necessary to strictly rule and regulate power of the police for this purpose of the balance in safeguarding state security and social stability and protecting citizens’ rights.