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Research On The Legal Problems Of Anomie And Regulation Of Police Power

Posted on:2015-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:S ChenFull Text:PDF
GTID:2296330482957078Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Police power is an important part of national public power. As the state power has double the toughness, the police power can not only is to maintain order, protect human rights tool, may also be alienation as superior to society, serve the despotism and tyranny tools; can be benign operation in the construction of democracy and rule of law, may also beyond the structure of democracy and the rule of law and play the gangster. Police administrative power loss is an urgent problem. Police administrative power failure root cause of fan is:the police executive power is too "strong" and "independent", which not only reduces the civil rights, but also the other power cannot be effectively restricted. This paper attempts to discuss the police power in the internal regulation and external regulation, solve the anomie of police rights issues.In addition to this introduction and conclusion, the main body is divided into four parts. The first part is mainly an overview of details of the police power and anomie, including the police power and the concept of anomie, features, nature, origin and development change situation. The second part mainly expounds the police power lose manifestations and causes fan, including beyond the legal authority, administrative omission, wrong to perform their duties and violation of legal procedure etc. in anomie; while for the causes of the problem including the police legal quality is not high, the rights of citizens of grammaticalization, the administrative reconsideration the supervision function of fatigue and administrative litigation supervision effect etc.. The third part mainly using foreign regulation of police power, discusses the method of separation of powers, America British method using the sovereignty of Parliament under the separation of the three powers and Japan adopt the doctrine of warrant for judicial review. Finally, the fourth part is mainly based on the Enlightenment of foreign, that our country in the internal and external legal method on the regulation of police power and feasible countermeasures to adapt to.
Keywords/Search Tags:The police power, Anomie, Rule and regulation, Research on the problem
PDF Full Text Request
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