Constructing Administrative Law Of Policing

The police administrative law,which constitutes a basic framework of the policing theory and practice under the circumstance of the rule of law, not only safeguards the basic human rights but also improves the administrative efficiency.With the overall and unceasing changes of the society, our current Police Law, which is the symbol and basic foundation of our police law system, is feeling great pressures from this changs. Policing reformation especially reformation of police administrative law is one kind of inevitable trends. On the basis of in-depth comparison and contrast of related theory of developed states, this dissertation attempts to provide the theoretical support for the future amendment and correction of our police law. In other words, this dissertation tries to analyze the police mission law, the police organization law, the police competence law and the police accountability law, which are the main sections constituting the whole police law system. From the perspective of structure, this doctoral thesis is composed of three parts, namely introduction, body and conclusion. The first chapter is mainly on the issues such as researching causes, researching significance, researching method, the research ingscope as well as the explanation of basic terminology.The second chapter mainly focuses on the police mission law, which is the most import part in whole police law system. Nowadays, extra-legal mission is the real cause of the explosion of police mission, which will definitely damage its'capacity to carry out legal-stipulated mission. The contents, characteristics, the relationship between police role and state ideal as well, are firstly discussed. Then, on the basis of research in detail, the thesis concluded that mission-narrowing is a world wide tendency. Next, the thesis analyses the causes of mission-widening and proposes that the general clause is the most important one.The third chapter and the fourth chapter mainly study the police organization law. In these two chapters, the thesis firstly analyzed historical evolution of our police management system. After that, it studied the relationship between the theory of administrative body and the rule of organizing by law, pointing out that the present malpractices stem from the organizing by man. Therefore, the thesis makes a proposition that organization by law is the connotation of the principle of rule of law. After that, the relationship between central and local, personnel management system and were researched. The fifth chapter studies the law of police competence. In this chapter, it is pointed out that police mission law should be separated from the police competence law because of non-delegation doctrine and clear-delegation doctrine. After that, the paper has analyzed our present "Police Law", proposing that it is mixed that mission law with competence law, which is totally illegal according to the principle of rule of law.The Sixth chapter mainly deals with the legal system of police accountability. The dissertation has first analyzed our current institution of police responsibility and accountability, pointing out that current legal system of the police accountability has formed a basic framework. Then, the thesis analyzed the real causes of the low efficiency of this institution. More importantly, the current surveillance system is unable to have populace's advantageous support. In this kind of situation, this article try to draw lessons from advanced state, pointing out that citizen review is a good measure to assure police accountability.