The Transmation Of Police Power In People's Repubic Of China

China is conducting a police reform. In this reform, it is necessary to know the factors influencing the transformation of police power. Police is the monopoly of state coercive force. The effect of police can impact the social order, the legality of it has connection with the freedom of citizens. This thesis identifies the impacts of political transition, economic development, sense of rights and technology on police power. After then, this thesis analyses the problems of police reform.The first chapter of this thesis identifies the concept and properties of police power. The properties of police power are consist of politics, society and law. Police is the subordinate to government, it is necessary evil. The police power must safeguard the political system and serve the politics. The police power is of public, its value concerns the social interests and social order. The initial target of police power is preventing and fighting with crimes. Conversely, the society also impacts the police power. In order to build the image of morality, police always help the members of community to deal with the affairs beyond the authorities or maintain the social order with regulations other than law. It is helpful for the police to enhance the authorities and obtain the recognition of citizens, the police power has to respond to the society. Police is the agent of law enforcement, its authorities are within the law. At the same time, police is also subject to the monitoring of law. The police must operate under thelaw, strictly enforce the law and look into the unlawful practice. The legitimacy of police influences the rule of law of a state. In varied phases of police power, the politics, society and law in it are unbalanced. The transition of them affects the transformation of police power. The transformation of police power can be divided into four phases. The first phase is for the safeguard of politics(1949--1978). In this phase, the police power is to guarantee the anti-right and cultural revolution and maintain the political order. Therefore, the police power is dispersed, emphases on the political order and is lack of rule of law. The second phase is the adjustment of police power(1979--1991). After the open and reform policy, China transferred from class struggle to economic development. The politics of police decreased, the profession and rule of law increased. However, the class struggle ideas were still in function, the state often adopted campaign of law enforcement to cope with social problems. The third phase is the construction of rule of law(1992-2002). The legalization aim of police power and guideline are stable, but the political property is enhanced.The second chapter analyzes the impacts of political change. After the open and reform policy, the charismatic authority was the main political authority. The party, government and society combined together and Mao Zedong was at the highest status and the police power had to protect the situation. After the open and reform, the government had to conduct the critics and reflection of historical problems. The charismatic authority declined, and the state had to seek the another to replace it. The legal authority was the most suitable one. Therefore, the legitimacy has been the emphasis of after the open and reform. On the law enforcement, the police has to enhance the social and legal property, and decrease the political property. The ways of administration also altered. The administration was replaced by the governance to make up the state administration. China also gave up the law enforcement campaign of large-scale and comprehensive management to cope with social problem.The third chapter analyzes the economic development on police power. China's economic development has to harness the state power, and gave up the plannedeconomy to enhance the efficiency and equality. The property rights protection and stability of law are the guarantee of economy. The monopoly of government changed and some roles of government are replaced by market. As a result, the authorities of government began to disperse. The people of better economic situation will pay for the service of protection. The disorder of society accompanies economic development and the large scale population mobility resulted the former social control and rules among acquaintance measures would not function. People can get the social ladder with the help of accumulation of property. Once the gap between poor and rich becomes irrational, the social disorder may get severe. These changes will put pressure on police, but these problems could not be solved by police solely. It is clear that the police could not generate social order, they can only maintain social order. To solve the social problems, it is more important to work on the social structure.The fourth chapter discusses the sense of rights on the change of police power. The social development causes the protection of rights enhanced, the state power became the initial defendant of lawsuits. Police had been the No.1 defendant for a long time. Thus, the abuse of police power declined. The citizens also demand more from police power. They not only demand the legitimacy of police power, but also demand the effects of police power. The police put the citizens' sense of security and satisfaction the elements of assessment. The public are afraid of the damage of police power as well as the prevention and fighting with crimes and offences. Once someone regards his or her rights are trespassed, but the state cannot provide effective ways of resort, they will easily take rights campaigns. In the eyes of the government, the illegal rights campaign is a kind of disorder. Stability overtakes every aspects of society has been the guideline of China. The citizens also pay attention to the procedural rights, and demand the lawfulness of police power.The fifth chapter analyzes the development of science and technology on police power. The development of science and technology also makes the improvement of criminal methods. At the same time, the dual society also emerges with the society. The cyberspace gradually become the area of criminal activities. This change means that the former measures will not function and the police power will not be able to cope with some criminal activities. The police could not effectively prevent and fight with some crimes. The development of technology and science also means the measures of social control become varied. If people cannot monitor the police power, it will be easier for police to intrude the personal rights.The sixth chapter discusses the lessons of transformation of police power on the police reform. The police reform tries to enhance the authority of police. They put the sense of security and satisfaction as the important aspects. The sense of security is in connection with crimes, and the fear of crimes concerns the frequency of crimes. The placing cases on unreal file concerns the decrease of sense of security and increase the doubt of police. The anticipation toward police and the reality of policing also affects the satisfaction of citizens. The police operates under the guideline of mass line and the combination of special agency and people. The police have shoulder the responsibility beyond the authorities. It can increase the social capital of police. But the social change makes it is difficult to accumulate the social capital. Development of rule of law makes the unwritten rules among a small cycle cannot function. What is more severe, the police had to attend to illegal affairs from the order of government. In the police reform, the politics is most important factor affecting the legality of police power. In the past years, the police is strengthened and it is necessary to manipulate the police power from the upper-class of government. The illegal activities concerns with the police subculture and the social demands. The police reform is substantially the reform of social governance. It should take the politics and society into consideration.