Conflict And Coordination Between Police Power And Civil Rights

The promulgation and implementation of the Civil Code provides an action guide for the public security organs to deal with the relationship between the police and the people,and effectively promotes the smooth development of the public security work.However,in practice,there are still conflicts between police power and civil rights,so as to destroy the harmonious relationship between the police and the people.Police power comes from the public authorization,and civil rights need to be protected by police power.There is a close complementary relationship between the two.However,due to the differences in attributes,coercion and basic principles,it also sets the stage for the conflict between police power and civil rights.In practice,the conflict between the police power and the civil rights is complex and diverse,and in addition,China’s legislation does not include the police power in the legal provisions.Therefore,the analysis of the conflict between police rights and civil rights on the basis of the clear legal provisions and more mature civil rights can effectively avoid the duplication of the analysis content.Accordingly,it can be found that the conflict between the two mainly presents the conflict between police power and personal rights,the conflict with property rights and the simultaneous conflict with personal rights and property rights.The conflict between police power and citizens ’personal rights includes the conflict between police power and citizens’ physical right,name right,privacy right and the protection of personal information.It mainly occurs in the scenes where the public security organs make wrong cases,refuse the application for registration of citizens ’third surname,and collect,analyze,share and process citizens’ information and data.The conflict between the police power and the citizens’ property rights mainly occurs in the link of sealing up,seizing,freezing and dealing with the property involved by the public security organs.The conflict between police power and citizens’ personal rights and property rights at the same time mainly occurs when the public security organs interfere in civil and economic disputes.These conflicts are caused by the increasingly complex social and economic relations,the excessive principle and generalization of laws and regulations,and the single checks and balances mechanism of police power.Therefore,in order to realize the coordination of police rights and civil rights,on the one hand,it is necessary to refine and improve the relevant legislation under the guidance of the principle of public interest,the reasonable principle,the principle of proper procedure and the integrity principle,so as to provide a detailed action guide for the criminal judicial and administrative law enforcement practice of the public security organs.At the same time,it is also necessary to strengthen the supervision of the law enforcement of the public security organs,prevent their abuse of power,timely and properly handle the demands of the people,and realize the harmonious and long-term relationship between the police and the people.On the other hand,citizens should also improve their legal awareness,safeguard their legitimate rights and interests through legal channels,do not abuse their own rights,and work together with the public security organs to actively promote and build a harmonious society.