The Research Of Attribute And Its Regulation Of The Police Power

The police power regulation is the hot topic for a long time. Along with the advancement of rule of law, limit public rights, protect the private rights of consciousness. However, the current is not only the power of the lack of effective regulation system, and there are many of the concepts attribute theory, the rule of law to a great extent, restricts the police research and development. Therefore, we needs to be in clarifying the police rights related content, attributes, on the basis of the research path countermeasures of improving police power regulation system.In the process, we should pay attention to several aspects: First, clear the content of the police power is the starting point of the whole study. Current scholars about the contents of the police power most studies directly into the various functions and powers, while ignoring the police powers of abstract content itself- legal effect, and even the police power and police powers to confuse each other, without distinction. This situation seriously disturbed the police study the correct way of thinking. Second, locate the path of attribute is to study the regulation of the power of the police. Different types of power, the method is different. At present, our country should the police authority may be defined as administrative power, which not only conforms to the nature of judicial power and administrative power, embody the police rights itself attribute characterization of executive power, and to improve the supervision system of judicial review of the police power, protect the legitimate rights and interests of citizens plays an important role. Finally, the research of the regulation of the power of the police path shall start from the practice of the police. Police power as a kind of more typical and important public power, is the constitutional level given to the police authorities and their personnel's legal rights, and all the police authority specified by laws and regulations, the last in the practice of power performance for specific law enforcement activities. Therefore, the analysis of the police behavior in practice problems and their causes, is to discuss the premise condition of police power regulation. At the same time, the police authority as a national public power is an important part of administrative power in the system, it should be restrained by the requirements of the principle of administrative law, namely legitimacy and rationality of basic principles. Under the request of the two legal principles, the exercise of the police act shall conform to the corresponding conditions and procedures, if you do not meet the requirements of these principles or in violation of the item, then to produce the anomie of police behavior. Accordingly, on the basis of analyzing these causes anomie behavior, and then puts forward path countermeasures of regulating the police power operation.With the focus on a few questions for discussion, the main content of this article through four main parts:The first part of this paper expounds the meanings of the police power and its contents. On the one hand, the origin and evolution, discuss the concept of police power from the evolution process of police system, discusses the nature of the police power; Specific, on the other hand, in this paper, the police powers of abstract content, legal effect, the specific content, the police authority, as well as the difference between the two and contact. From the content analysis of police rights as a kind of public power, is an important part of the current system of administrative power, for later to discuss the properties of police powers.The second part demonstrates the properties of police power. This part first reflect on the current research status quo of police rights attribute and analysis, and put forward should focus from the view of police ought to be the property of the right positioning. Then detailed argumentation from four aspects the police criminal powers and authorities of office of the executive power attributes: organizational mechanism and management system; In terms of operation of power; Activity form way and power; The final aspect of power. Demonstration, through specific police criminal powers and authorities of office may be defined as attributes of executive power, which in turn determine the police rights attribute. At the same time, based on the attribute analysis, combining the police power of the "single" and "expansionary" characteristics of public power, external regulation should be carried out on the right of the police.The third part analyzes the current operational performance of anomie of police powers in China and its reason. This part mainly combining with our country administrative procedural law and judicial interpretation, analysis of relevant laws, regulations and regulatory documents for discussion. First of all, the current our country police behavior anomie classification and explanation, analyzes the present situation of its practice in law enforcement and the negative consequences caused by. Secondly, through the collection of the literature analysis, summed up the police power, the reasons for the anomie running a specific legislative level, the power set level and judicial level. Based on the research of this part, will be in the fourth part puts forward the path of the targeted countermeasures, in order to improve the police power regulation system.The fourth part discusses the regulation of the police power operation path. Before the content of the three parts as the foundation, this part focuses on how to carry on the regulation of the police power operation. The concrete will be divided into three levels: the legislative level, law enforcement and supervision level. These contents are need in the future power operation and supervision aspects that should be paid attention in practice. The emphasis on the law enforcement level and supervision level. From the principle of legitimacy and rationality of the police law enforcement level behavior put forward a number of specification requirements, pay attention to play to the proportionality in particular, the behavior of the three elements of the power, means and purpose of the specification of the role; Proposed to strengthen the judicial level constraints, by establishing the writ system, improve the rationality review mechanism and establish punitive restriction mechanism, improve the supervision of the judicial power of the police power. So, through three layers of content to perfect the police power operation and supervision and correction, continuously explore "the limit public rights, protect the private rights" governance path.