Exercise Of Police Power

According to statistics, each year, the number of cases that police were injured or died at work in China is much higher than in Western countries. However, Chinese police did not get the people’s understanding. It is important to study the exercise of police power.Police power is an administrative power has a violent nature, its purpose is controlling social security order and protecting the rights of people. Police power contains a wide range and many kinds, involves citizen’s rights with all aspects. To study police power, we must first find the problem, so that the problems could be solved better. For police power, the focus is what the police should do, how to do, namely, how to exercise police power.Excluding the introduction and conclusion, this paper is divided into four parts.Part One introduced the police and police power theory, help us to generally understand and grasp police power, including the two concepts’meaning and origin, feature and purpose,etc. At the same time, part one provides an overview of the main elements of Chinese police power, including management power, investigative powers, forcing power, executive power, etc. Part One also focused on demonstrating the relationship between police power and safety. And overviewed some foreign police power regulations. This part mainly introduced American, British and French police regulations, whose police system is more developed.Part Two explored the problems in exercise of police power currently occurred in China and the reasons. The problems manifested in offside and chaotic act, omission and malpractice, misuse, magnify contradictions, etc. At the same time, Part Three analyzed the cause of the problem, including police authorities and policemen their own problems; problems in the law; police’s responsibility is expanding but the police is limited; local government forces the police to exercise police power; the complex site or police misjudgment causes Erroneous exercise of power.Part three presented how to regulate the exercise of police power. First, this part defined the principle of exercise of police power, including legal, accurate, timely, Proportional, unify the Rights and the Responsibilities, rights protection. Second, this part proposed specific measures, including improve the regulations for exercise of police power; innovate the social management method so the police could return to their functions; Strict on the government intervention standards to reduce the abuse of police power; optimize the configuration of police power and strengthen social autonomy; enhance the quality of law enforcement, strengthen internal and external oversight. There are many factors affect the exercise of police power, such as the level of understanding the theoretical, the whole structure of state power, the police system, effects from internal or outside the police organization, the legal system. Investigate the relevant factors that affect the exercise of police power could help us identify the root cause of the problem and be corrected, set police power reasonably, Thereby ensuring the exercise of police powers to abide by its principles.