Police Power Regulation And Human Rights Assurance In China

Develop "security management Punishment Law," China's democracy and legal system construction is a major event in that it marked the promulgation and implementation of the new era for the public security organs in the case of public order and security related issues will be dealt with the law, to prevent and correct improper or unlawful The administrative of actions, norms and the protection of public security organs and people's police will carry out its security management functions, improve the socialist legal system, and maintain social order, the protection of public security, the protection of citizens, legal persons and other organizations of the legitimate rights and interests, to further improve case handling procedures, and enhancement of social harmony, and safeguarding with social stability and promoting the development of the socialist market economy, and the promoting socialist spiritual civilization and the rule of law and civilized construction and development are of great significance. All out to be that with people-centered, administration according to law in the process of building democracy and legal system, learning how to better implement security management Punishment Law and the spirit of the new requirements, perform the duties entrusted by the law, and all the safeguarding stability of social order, public civil security organs at all levels and the vast majority of police officers of the moment.The enactment and promulgation of"Management and Punishment Law in Public Security"has its vital meaning in maintaining society peace, safeguarding public security, resolving social conflicts and promoting social harmony and it also has its meaning as a milestone in police legal system and public security management. In the one hand, this law is helpful to execute public security management legally, and examine and publish all kinds of activities against public security .On the other hand, this law is helpful to protect citizen's legal rights and interests.The power of public order administration is related to the protection of private rights, the process of the rule of law, the balance of public power and private rights more directly comparing with the common administrative power. Consequently, we not only need the power of public order administration, but also need to regulate the power according the constitutional requirement from the perspective of institutional demand. The reason to regulating the power of public order administration is various, but the roots may lie in the following factors including the global trends to respect and protect human rights, the need of due process, preventing the abuse of the power of public order administration, and so on.This article is trying to analysis the police's power and the civil rights overall base on the relationship of the two parts in order to point out the law of the unity of opposites of the two parts and their balance mechanism which are the typical antagonistic contradictions.The article contains four parts:The first part is the police the right to the theoretical analysis of the characteristics of the right of the police, function, exercise and scope of the main elements were summarized. Main view of the reality of police abuse of power are often highlighted by the fact that a large number of problems in the police the right to security management in the Act on the Punishment of the characteristics, functions, and scope of the exercise of the police power to the regulate the protection of human rights and for the in-depth study Theory foreshadowing. The second part of the theoretical analysis of human rights by the original "The security republic administration punishment" in the protection of human rights review, and the new "security management of Punishment Law" in the protection of human rights that reflects, in sharp contrast to the old and new, that the laws previously in force on the protection of human rights under the existing laws and the improvement of the protection of human rights. Police further reflect the exercise of the right and the protection of human rights has always been a contradiction whole. Police and the exercise of the right of human rights will inevitably lead to expansion of narrow, and the protection of human rights and publicity, there will inevitably be a limitation on the right to the police. How to coordinate and resolve the contradiction of the between the existence and conflict, and the real exercise of the police power and the protection of human rights and unity is the legislators and the judiciary, are difficult to avoid the question. For the police the right to the protection of human rights norms and in-depth study of the practice to pave the way for.The third part of the cause, in the rule of law perspective, the modern significance of the principle of administration according to law on the protection of the executive power is, the positive role of human rights and suppression of human rights and the right of the negative effects of the inherent logic of the principles established, stressed that the legal law system self-operating on the basis of the principles and rules in the rule of law principles and the social principle of administration according to law practice. At the same time, in view of executive power and the protection of human rights and suppression of modern administrative republic law system is the necessary two melodies, and the two melodies in all of the legal system in a staggered, embraced each other, it is difficult completely separate from the public power and private power two perspective of human rights and the right of the police to conduct a comprehensive analysis of the police summary of the relationship between the substance and human rights is the right to police power and a concrete manifestation of the field of law enforcement, both the unity of opposites, both interdependence and mutual dynamics, foundation interactions , and into mutual restraint, and police powers and the relationship between human rights that is built on this foundation to maintain a dynamic balance of the law. And the Act on the Punishment of security management in the police and the right to organize the relationship between human rights and pointed out that the security administration law of punishment law, human rights and police power is the dynamic between the two, expansion, another duality. The two sides both confrontation and cooperation, which is the fundamental reason for the development of the rule of law. Punishment Law on the management of public security must be the two constraints, but also to inspire. Of course, the rule of law in China's current conditions, we should focus on restricting administrative power. Administrative body should be relative to the defence and promotion of the balanced legitimate rights and interests, the relative to the understanding and support of the main law enforcement, particularly through interactive participation law mechanisms to form a harmonious and cooperative of relationship between the pattern.The fourth part has been to be a matter of attitude, pointing out that the police powers and human rights should be balanced trend, and this is also pursued by scholars, however, the reality of law in the police operation of this balance can only be achieved in the dynamic , and this is the realization of human rights and the right to police the outcome of the game. Police powers and human rights as a game between areas, and ultimately in the realization of the process of the dynamic equilibrium must choose a certain value as a precondition for this is undoubtedly the police should be the ultimate source of power - the value of human rights as the ultimate choice. Only in this building on the basis of law and order and punishment system is consistent with the full power operation of the protection of human rights and a just, right reasonable and effective system. From the model of conversion, legislation, law enforcement, judicial, and police made the right balance between human rights and construct the system, the "law and order that management Punishment Law" still exist in the system non-perfect, as quickly as possible should be pointed out that the police the right to reasonable regulation to protect human rights, Moderate expansion of human rights to police right checks and balances, and will continue to improve the system of judicial review, in order to achieve human rights and the right to the police the final balance.