Constitutional Analysis To The People's Police Law Of PRC(Draft)

The People's Police Law of the People's Republic of China is the general constitution of police affairs and the "Constitution" of the police industry.Its importance is self-evident.On December 1,2016,the Ministry of Public Security promulgated the People's Police Law of the People's Republic of China(draft)to solicit public opinions.After introducing the background and content of the revision of the police law,the article uses the method of constitutional analysis to analyze the use of police weapons,the basic rights of citizens,assistant police officers,terms of reference,the principle of combining special groups,the principle of publicity of police affairs and the principle of professional insurance of police,which are closely related to the spirit of the Constitution and the principles of the Constitution in the People's Police Law of the People's Republic of China(draft).The article analyses and evaluates the provisions of security,and puts forward specific suggestions for the revision of the People's Police Law: defining the meaning of police as the administrative force of public order;defining the orientation of the Comprehensive Basic Law of the People's Police Law;defining the administrative attribute of police power;refining the allocation of police powers,while confirming the expansion of powers,more accurately standardizing law enforcement measures;and continuing to strengthen the human rights of citizens and police.We should balance the relationship between public power and private power,and establish a judicial review system in criminal investigation procedure.In order to make it more in line with the concept and requirements of constitutionalism,promote the development of the people's police law,and enrich the theoretical research of police law.