| "The rule of law is the essence of human rights, the human rights adds the government by law to be equal to the democracy". In order to safeguard the rights of citizens to free from aggression, our country constitution explicitly stipulates, "the national respect and the safeguard human rights". In party's 16 big reports also "the respect and the safeguard human rights" will be established for the present stage party and the national development profitable target, after this, the Central Party Committee will propose "humanist", "the construction socialism harmonious society" one after another guiding ideology. Obviously, "the government by law, the human rights, the democracy" already became the current administrative law enforcement the subject.The criminal activity legal framework may say is the human rights safeguard last the defense line, but because legislates is imperfect, in Law of Criminal Procedure system and so on some measure like questioning still involved to encroaches upon citizen's human rights. Indeed, the police when carries out official business, is the protection public interest need, has the male authority to encroach upon the private authority the phenomenon. For instance said the police ID card, is with at will the illegal method, so-called achieves its "the right goal". This is same like extortion of confession by torture, although its goal is possibly correct, but method illegal, certainly is the government by law society does not permit. In the modern democratic country, the instruction law enforcement and the administrative judicature activity has two basic points: One is the rights of citizens said; Two is the government authority limitedly said. Its basic content all lies in: Take the right but the non-authority as a standard, advocated all national activities all should safeguard but is not encroaches upon the citizen or organization's just rights.Investigated and the penalty illegal crime judicial activity, in the essence is occurs to the country and between individual rights and interests conflict or the struggle. The country in order to maintain the social order, must establish set of effective law enforcements mechanisms, the attack illegal crime. It mainly depends upon using the compelling force achieves this goal, and the pursue efficiency and attack dynamics, emphasized the citizen must obey the country. Using the starting point which forces is society's stability, but is easy in this process to produce ignores citizen's individual right negative effect, thus the influence society's stability, the national right is formidable, individual strength is small and weak, and between individual must realize in the country accurate, objective and fair, must set up a set to be fair, to conform to the nature just law enforcement and the judicial process, the limit state power inflation and forces the method abusing, protects citizen's personal rights and other legitimate rights and interests. Indeed, compulsory and the prohibition law must be suitable these refuses to accept in the society from or the resisting law person, however we actually cannot therefore said, eliminates the legal rules and regulations object resisting then is the legal control characteristic. Has the absolute authority attempting not in the least constrained to impose its will to these person's ruler which controls for him, its dominant remarkable characteristic is it often by the ruler issued the high pressure orders to implement its will to maintain its rule.In the reality, the authority and the law extremely are short by the pure form appearance, are many is the authority and the legal mutual see page, mutually affects. The legal first function maintains the order, but maintains the order certainly not necessarily to conform to the just requirement. Is practical feasible and the effective legal system must widely accept take the populace as the foundation, but the considerable amount disaffection and the opposition existence indicates is this legal system one kind of morbid state but the random. Therefore, discovered the police question in the power movement the question, the research corresponding countermeasure, the establishment and the perfect correlation system are extremely essential. |
