On The Constitutional Limits Of Police Legal Enforcement Power

The power is a kind of material strength to influence others.As long as the social relationship exists in society,this strength of the material will not disappear.Although the common trend of generalization for power cannot be prohibited,it still follow the path of development of human society overall.The scope of the power is also emerging from the “narrow and heavy” to “wide and gentle ”,which is conducive to the formation of balance between the system of power and the system of rights in the limit of power.Belongs to the power system,the police legal enforcement power can not naturally escape the fate of being universal.Despite the special needs of ability of the police power appear with this phenomenon of “the antinomy”(On one hand the social order need to be maintained by the police legal enforcement power,on the other hand it also need to prevent abuse of police legal enforcement power),but the unity of ability of police power in constitutional theory can be abstract.How to determine the police legal enforcement power in constitutional limits,and the question can be transformed into what a kind of rules the power generalization should follow.Construction the rules will become the key to the problems.The method of constitutional review mode and constitutional interpretation in methodology of Constitutional Jurisprudence seems can provide the experimental path for the limits.The logic of argument of constitutionality is a fusion of the two methods,namely,the scope of protection of fundamental rights? the limit of fundamental rights? the limit of fundamental rights on the argument of constitutionality.Under the review of constitutionality,this paper put the police legal enforcement power in the basis of its own concept,relationship with the relevant power and the clarification with the constitutional logic relations.In the constitution of the theoretical analysis framework,the paper want to analyze the four existing problems above abstractly based on the corresponding constitutional principles,so that the police legal enforcement power in constitutional theory should abide by the principleof the rule,the principle of human rights,supervision principle,process principle,the principle of democracy.Only the theory illuminates reality,will it has a material force.The constitutional limits of Police legal enforcement power will eventually find the sense of presence in practice.The police legal enforcement power over the limits of reality of social relations forms frequently the violation of the constitution fundamental rights that is the citizen's personal rights,property rights,the right of supervision and the right of due process.Under the argument of constitutionality method guidelines,combined with the annual most network hot case :“Lei Yang case”,“No motorcycle and limited electric bicycle case in Shenzhen ”,“the Yang Tianzhi case”,the police legal enforcement power is emerged on the specific norms and practice.Where are the limits? The execution of police legal enforcement power should conform to the principles of constitutionality review in theory,and the execution of police enforcement exercise should comply with the requirements of civilized,normative,fair and effective law enforcement in practice.