Research On Emergency Police Power In Emergencies

In recent years,because of various emergencies,especially this COVID-19 epidemic,our country’s social order and the normal lives of the people have been severely affected.At the same time,it has also presented new challenges to the government and its constituent departments.As an important participant in emergency response,police agencies have inherent advantages in terms of resource allocation,personnel transfer,and organizational systems.Therefore,in an unconventional society,police agencies have roles and functions that other government departments cannot match.This allows the state to give police agencies more and stronger emergency powers during emergency response,so that they can work in the shortest possible time.Within time,normal social order will be restored to prevent further expansion of the crisis.Compared with the reality that emergency police power is widely used,the regulations on emergency police power are slightly insufficient,and many problems have been exposed during the response to this public health emergency.Based on this reality,this article takes emergency police power in emergencies as the research object,uses standardized analysis methods and literature analysis methods to analyze problems,analyze causes,and finally put forward suggestions for improvement.The first part of the article explains the basic theory of emergency police power in emergencies.First,the article clarify the definition of emergency,police power and emergency police power,and define the basic concepts of the thesis research;second,the article summarize the characteristics of emergency police power in response to emergencies,and clarify the difference between this power and other administrative powers;Finally,according to different standards to divide emergency police power,the article summarize the specific content of emergency police power,and lay the necessary theoretical foundation for the writing of the article.Secondly,it analyzes and summarizes the problems of emergency police power in emergencies based on practice.In emergencies,emergency police power mainly has problems such as power dispersion and vagueness,anomie of expansion,low level of cooperation among emergency participants,and the exercise of emergency police power infringes on civil rights.Afterwards,the reasons for the problems of emergency police power are analyzed.my country has not yet formed a relatively centralized law to regulate emergency police power,and the legislative norms are not systematic;secondly,the legal control over the exercise of emergency police power in emergencies is imperfect,the corresponding coordination norms are not perfect,and the supervision and regulation of emergency police power Unsystematic reasons have caused the above problems.Finally,it puts forward perfect suggestions for the shortcomings in reality.The core of perfection is to limit the expansion of public power,avoid the derogation of private rights,and achieve a balance between the two.First of all,improving legislation is the foundation.In the process of improving the law,the exercise of emergency police power shall be constitutionally restricted,and the basic principles for the exercise of emergency police power shall be clarified,including the principle of rule of law and human rights protection,the principle of proportionality,and the principle of due process;Strengthen the collaboration between police agencies and other departments undertaking emergency management responsibilities,clarify powers and responsibilities,and realize a diversified social governance model;finally,strengthen the review and supervision of the exercise of emergency police power to provide citizens with rights relief channels.