The Theory Of The Application Of The Principle Of Proportionality In Police Law Enforcement

The power given by the Constitution and the law to the People’s Police of China’s public security organs is a kind of compulsory,class-based state power.It is exercised by the legal subject,the Public Security Bureau,within the limits prescribed by the constitution and the law,and must be conducted in accordance with the procedures and powers prescribed by law.It’s the will of the nation.In order to sanction and stop and prevent all kinds of illegal and criminal activities in society,to maintain the country’s long-term peace and stability,people live and work in peace and contentment.The so-called principle of proportion is a principle that can weigh the contradictory relationship between the citizen and the public authority well.It contains the idea of balance and fairness and justice.This idea provides a measure to reconcile the contradictions between public authorities and private citizens’ rights.It is not only beneficial to the realization of the great goal of building a socialist society ruled by law,but also beneficial to the promotion of administration according to law.The principle of proportionality is defined as the basic principle of administrative law in many countries of the world.Germany,especially in Europe,was so entrenched that it rose to constitutional status.Numerous studies have shown that the realization of administrative fairness and the protection of human rights are its core values.It is also true that in many countries it is widely adopted as a basic principle of police law and applied in actual law enforcement.We can see that appropriateness,necessity and equilibrium are the three core sub-principles of the principle of proportionality.They asked the Public Security Bureau to strike a balance between the protection of citizens’ rights and interests and the achievement of administrative objectives in the process of administrative law enforcement,that is,from the “Goal guidance”,“Legal consequences” and “Value qualitative” respectively on the operation of the police power to carry out valuable restrictions,so that the two in a moderate proportion.This paper tries to discuss how the principle of proportionality restricts the police’s law enforcement from three aspects: legislation,law enforcement and judicature.The main body of this paper is divided into three parts.The first part expounds the connotation of the principle of proportionality and its relationship with police law enforcement,first of all,it expounds the basic meaning and theoretical basis of the principle of proportionality from the general cognition,secondly,from three angles,the principle of appropriateness,the principle of necessity and the principle of balance,the author expounds the regulation mechanism of the principle of proportion to solve the problems of police law enforcement.The second part discusses the problems and reasons of the police law enforcement in our country.This paper first discusses the characteristics of police law enforcement in China,then discusses the main sticking points in the current police law enforcement in China,and finally sums up the triple difficulties in the three aspects of legislation,law enforcement and judicature.The third part explores the realistic way to standardize the police law enforcement by the principle of proportion.The first is to introduce the principle of proportion in legislation,to clarify the basis of law enforcement;the second is to implement the principle of proportion in law enforcement,to regulate law enforcement;and the last is to invoke the principle of proportion in the administration of justice,to strengthen law enforcement supervision.As the first analysis perspective of the principle of proportionality,the core value of the balance of interests is to use the comparison of ends and means,and put forward a measure standard,that is,how to make a reasonable choice between public interest and private interest.The value orientation of the principle of proportionality produced by the unremitting pursuit of fairness and justice in all countries of the world is also consistent with our strategic goal of building a socialist democratic country under the rule of law,at the same time,it is basically consistent with the trend of the times.In order to ensure that the principle of proportion can effectively control the law enforcement of the police,this paper makes a deep research on the ways of the principle of proportion in legislation,law enforcement and judicature.