Research On The Expansion Of Criminal Police Power And The Balance Of Restrictions

The police function,procedure,organization of all around in the maintenance of social security,safeguard social order and maintained a steady state of the society.If the criminal police power limit,the lack of will lead to miscarriages of justice and other extreme situations,but in front of a face of the growing violence crime is also an urgent need to the criminal police power expansion,to fight against crime so as to maintain the social order,of the expansion and restriction of balance be placed an important issue in the criminal police power management and configuration.Analysis balance of power of criminal police,the criminal police power balance analysis,find out the current China criminal police power checks and balances in the insufficiency and flaw,that is sorted out a unique research perspective,but also provides a very practical significance of the research topic.This article to the criminal police power balance as a research basis,contains two aspects of thinking:on the one hand,through theoretical construction,the criminal police power balance in the basic theory of modern jurisprudence based;second,through the analysis of issues show off the criminal police power to implement and set up,this paper finds the effective checks and balances of the criminal police power to deal with.Based on this,the train of thought of research this highlights,the full paper is divided into three parts:the first part elaborates the basic concept of interpretation progress,analyzes and introduces the theory of the police power research,study the theory of institutional breakthrough and interpretation,the research route,found in this paper,we study the theory of space.The second part is the basis of this empirical study and realization from the theory to real practice,step by step to explore the current law on the criminal police power balance specific configuration in view of the above,have put forward the specific provisions of criminal police power configuration,find the criminal police present situation and the lack of checks and balances,this is the real meaning of this paper studies.The third part is the criminal police power balance path of rational construction.Through the research can be found that our country present stage of criminal police in specific forms is Rev.Turn right and the right to apply,the existing legal system based on the abuse of police power of vigilance,in the fight against criminal activities enhance binding of the criminal police power and the necessary limit and the standard,on the other hand,in some ways in order to enhance the criminal police power implementation effect and strength,still some aspects were extended authorization,to achieve the purpose of respect for and protection of human rights by the perfection of the two aspects.But in this contradiction exists under the influence,the criminal police facing the legislative basis,procedure loss,right incentive strength of three missing checks and balances,supervision of the essence of the process is not smooth,legislation setting is not clear the reason caused by the.In order to solve the difficulties faced by the criminal police power checks and balances,this article suggested that from the scientific rules of criminal police power implementation condition,reasonable design of the police power authority to conduct a space effectively set up the right of police power security system and so on three dimensions in accordance with the law,scientific and effective construction of the criminal police power checks and balances.