Research On Deterioration And Controling Of The Police Power

As a strong safety guarantee,police power is an important component of national administrative system.It is not only crucial for operation of the government,but also for basic human rights owned by individual citizen.However,in reality,the exercise of the power of this kind of power has been alienated,the law enforcement has violated the dignity of the law.The improper exercise of police power will seriously infringe upon the lawful rights and interests of the administrative counterpart.In today's increasingly expanding police power,people continue to express their desire to maintain their own interests,this is precisely the intensification of the relationship between the public and the police,a direct impact on social stability.All of these have formed a serious challenge to the rationality and legitimacy of the exercise of police power in the constitutional order.The core idea of this paper is to study the police power dissimilation problem,through the analysis of characteristics of the police power of alienation of the performance,on this basis,targeted research to the police power alienation of effective measures to speed up the process of the police right theory,explore the suitable conditions of the police power China control mode.Police power and civil rights,as the representatives of public rights and private rights,have a certain conflict in practice and theory.In reality,because of the alienation of police power,the problem of violating the legitimate rights and interests of citizens,the impact of social stability and the process of building the rule of law has aroused widespread concern in the academic community.But in the process control of the police power,the will is to always,when we are too much restriction on the power of the police,the police will not weak right to maintain the normal social order due to lack of strength.Especially in the key period of social transformation and upgrading of the present stage of our country,all kinds of conflicts are intertwined overlay,there are many new problems and new problems placed in front of the government,for example,the gap between rich and poor,the social stratum differentiation,two level between urban and rural areas continue to deepen etc..The emergence of these problems,so in the current period,the public security and order to demand higher than ever,the police power weak can not meet the needs of the people,but can not complete their combat and prevent crimes tasks.Therefore,in-depth analysis of the causes and nature of police power of alienation,in what way to take control of the police power and homing,the correction of the alienation of the police power to what extent is more suitable to become the focus of this paper.This paper is divided into three parts,in a step-by-step way to police the right meaning,characteristics,essence,dissimilation of police power meaning,characteristics,nature,causes and extremely effective measures to strengthen the control of police power are discussed in detail.Firstly,to discuss the right of the police body for the beginning,and detailed interpretation of the police rights meaning,core characteristics and essence,property rights of the police are described,and leads to the dissimilation of police power the meaning,essence and harmfulness,pave the way for the next discussion structure of police power alienation.The following performance and the causes of alienation of the rights of the police investigated,the third part of the article,the specific measures to control police power: first,control principle of police power,public welfare,public and legal rights of the police,operation procedure,and rationality.In the setting of the principle of proportionality is determined,and the specific measures of reasonable control and effectively regulate the police power construction in detail,this is this article needs to solve the problem.One is to present a reasonable allocation of police power,that should be based on the rule of law and democratic governance level,in accordance with the principle of consistency,under the circumstance of market economy,the rational allocation of police power,the internal structure of integration of the police,the police in China under the jurisdiction of the police right outside the scope of matters and powers to other departments or organizations under the jurisdiction of the line,using the standard range of police power.The two is to regulate the police administrative discretion,which is mainly for the most part of freedom--a study of the police discretion make the police power,no provision of law,regulations and procedures to the standardization of police behavior fixed in to make the police discretion when there are rules be well documented.Three is based on the two aspects of internal and external,the issue of the supervision of the police power.External supervision and then refined as direct supervision and indirect supervision,respectively,by the system of letters and visits,public opinion as an example of the specific interpretation.Internal supervision in our country's policing supervision system as an example,this paper expounds the characteristics,development and improvement of the system.This paper based on some research results of academic references in recent years,some of the larger social impact of the case to support the arguments,the premise of the research case and read the text,carefully study how to make the police the right to become more rigorous,control problem of police power is analyzed,improved the control efficiency of the police power,ensure the reasonable and efficient exercise of the administrative power.