The Study Of Police Power Security Under Constitutional Order

In the process of advancing the rule of law comprehensively,the abuse of police power should be effectively controlled after the police power is domesticated by the rule of law.However,the correction will inevitably be biased.In practice,the police power is often constrained because of excessive restrictions,and it is difficult for the police to effectively maintain social order.Thus,the police power tends to be weakened.At present,the phenomenon of the weakening police power in China mainly reflects in the following aspects: the shift in the value orientation of police power,the flaw in the distribution of police power,and the impediment to the implement of police power.Especially in the background of the new times,the development of the country's politics,economy and culture needs stability to a certain extent.The maintenance of the social order needs to be supported by police power which is sufficiently strong enough.It is a difficult problem,which is worth studying,for us to deal with how to ensure that police power is reasonably limited while the function of it can reach a maximum.In essence,the state's public power is indirectly derived from the transfer of civil rights,and the protection of police power is actually to better protect the rights of citizens.Police power comes directly from the constitution and the law.Thus,the protection of police power needs to adjust from the constitution of the supreme law of the country.From the constitutional order,the “maximum balance of power” can moderately limit the police power,and at the same time protect the police power more reasonably,so that it can ensure the legitimacy of the contents as well as the scope of the protection of the police power.Therefore,the protection of the police power in our country can be reasonably and scientifically protected under the constitutional order,the limits and securities of the police power are objectively examined,and the series of problems at the moment such as the weakening of police power are reasonably analyzed.It can analyze the value orientation of police power,the allocation of the power,and the gap between power operation and the actual operation.It can also make up for the lack of police power through the effectiveness of the constitutional order and balanced adjustment function so as to ensure the normal relationship between police power and other subjects.This article mainly examines the protection of police rights under the constitutional order.First of all,through arranging related literature on the protection of police rights at home and abroad,it summarized the existing research results and deficiencies.Second,it demonstrates the connection between the police power and constitutional order.Based on the existing studies,the concept and contents of the police power are purified,the nature and characteristics of the police power are clarified,and the contents and scope of police power protection are defined.Depending on the theoretical basis of the protection of police rights,the justification and rationality of the protection of police rights are proved through the law basis and legal basis.By discussing the effectiveness of the constitutional order,the scientific nature of the protection of police rights under the constitutional order,and the reasonable special relationship between the constitutional order and the security of police power,it presents the inherent logic between the constitutional order and the protection of police power.Thirdly,through the balanced effectiveness of the constitutional order,the scope of the security of police power is locked.Through analyzing and summarizing the current plight of the protection of police power,this article shows that the value orientation of police power deviates,that the allocation of police power has flaws,and that the police power operation is hindered.With the reference to the effective practical experience of police power protection in extraterritorial countries,the article proposes some specific measures for the protection of police power.It sets up the value orientation of police power with the core idea of order and freedom under the microcosmic constitutional order and effectiveness.It appropriately configures the police rights,establishes right protection mechanism,purifies the police right to operate the internal and external environment and consolidates the foundation of police power protection.Finally,the article adopts the macro constitutional order as the police power security system,uses the constitutional culture to lead the value orientation of police power,makes use of the constitutional standards to confirm the security right of police power allocation,and takes advantage of the implementation of the constitution to ensure the smooth operation of police power.