Theory Of Legal Regulation Of The Police Power In Our Country

Police power, as an important, component of public power, is an important tool tomaintain social order and safeguard human rights.but the very nature of the police power andits running environment makes it easy to morph into the violence above the society Beenreported frequently in recent years the case illustrates this problem, such as the “pornographicvideo case of husband and wife”in Yan’an in2002, the “SunZhiGang case” in Guangzhou in2003, the mass disturbance in Guzhou Wengan in2008and the ShiShou mass disturbance in2009etc. Therefore how to regulate the police power, how to restrict the police power, even inthe structure of the democracy and rule how to build the benign operation of the police power,become a theoretical and practical topic as a going concern. This paper try to analysis thepolice role as a starting point, state the two great ideas-“order and people’s sovereignty” thatgenerating the police role. And then discusses the actuality of the police role dislocation andthe reasons in the practice in our country, Finally by means of amending the relevant laws,strengthening the settings of process clauses, this paper elaborates how the law regulating thepolice power, with the construction of police tasks as the core.In addition to the introduction, this paper is divided into three parts, a total of more thantwenty-eight thousand words.The first part is the role of the police. This part at first seeks the evolution of the conceptof police as a starting point in history, and then leads to the concept of police of our country.Then seeking the role of police, mainly exploring the value behind it. Police departmentappeared after country, its role has been to the supporter of public order. Therefore it musthave the corresponding values of it, that is the idea of order and people’s sovereignty. It is thetwo concepts give legitimacy to the role of the police.The second part is the malposition of the police in our country. The role of police is thepublic order vindicat, but in our country’s reality tne police’s role is beyond the positioning ofthe role. Law of the static reason together with the dynamic cause of social control has created in the practice of the police role dislocation and misuse of police power. This part discusses indetail the reasons of the dislocation of police in our country. Under the provisions of the firstis the task of customs anti-smuggling police omissions caused the police task scope is notclear, and the structure is unknown. Second the state in order to maintain the stability ofregime and social control that lead to the illegal use of police powerThe third part is the positioning of the police role. The centre of police role is the policepower. Police power is one of the state power system. So it is easy to clear the goal of policepower through positioning the state power. On the basis of the history of this part from Chinaafter the founding, with social transformation as the core in detail discusses the change ofnational development and transition in the society of the relationship between individualfreedom and social order. Finally put forward the view that the state power should be used bythe people, the key of forming the social order is the autonomy of citizens. Then, bymodifying the related law that establishing the principle of due process. Second, citizens’personal freedom and freedom of assembly, for example, discusses on the civil liberties of thepolice power set in the relevant procedures as provided by law, in order to safeguard citizens’personal freedom and freedom of assembly. Finally through modification of customsanti-smuggling police advocate complementary binary task structure, to achieve the regulationof the power of law for the police.