The Research For Chinese Police Power Lose Effectiveness And Rules And Regulations Question Under The Vision Of Governed By Law

In the country under the rule of law, police's authority must receive the strict limit of the law, but the degree of such limit exactly is a symbol of national legal level. In other words the size of police authority symbolizes the height of a national legal level in some kind of significance. The actual operation condition of police power in a society actually symbolizes the civilization level of development of this social which governed by law in the suitable degree. Therefore, the police authority and the rights of citizens become the inverse proportion relations under the certain condition, namely the expansion of police power meant the civil rights' reduction, the abuses of police power often causes the civil rights to vanish into thin air. (Sees also Chen Xingliang: "Limits the power with to divide power: the police power in the field of vision of criminal government by law "," Legal Science "in 2002 1st issue).The goal of awarding the police power lies in providing the public product for the citizen, namely the maintenance to good public security order and provides other public services. Once this goal is violated, this authority itself loses its realistic reason for such function. The disassimilation authority jumped out the system terms of original authority, which will represent the lose effectiveness for the police power. The direct consequence for it encroaches upon the person and the property benefit of the citizen, and causes the loathing and the revolt of the citizen for the national police management. So the vicious circle, the police power even more becomes the seal of the fortress, also possibly product crime directly in the widespread society control.This article doesn't take public security organ's internal function and the jurisdiction as the thesis, but from the police power elementary theory to elaborate the police power concept. The so-called police power, generally was referring to the kind of strength in the sovereign states which use to maintain the national security and the social security order, and to prevent, stop and punish illegal and criminal activities. analyzing the police power exercises must follow the public principle, exercise the principle, the proportion principle, the authority restriction principle and legally exercises strictly. In this foundation to analyze the police power's lose effectiveness. The so-called police power lose effectiveness ,which refers to that the police institution violate legal regulation to make the police behavior, Implement management, so the police power movement departs from the legal standard. The essence of police power lose effectiveness, At first the police power movement lost effectiveness which violate the request for order to the standard authority; Next police power movement lose effectiveness which also violates the request of safeguard right; Once more, the police power movement lose effectiveness which violates the request of balance benefit. Then this article analysis reasons for creating the police power movement lose effectiveness, For how to solve the question of Chinese police power movement lose effectiveness, this article proposed that transforming idea is the police power rules and regulations' premise, the perfect legal system is the police power rules and regulations safeguard, the troop construction is the police power rules and regulations foundation, the judicial examination is the police power rules and regulations key and effectively supervising the mechanism is the police power rules and regulations' strong backing.In brief, the police power's standard operation is the pursued goal to the police power rules and regulations in our country , also is the effective measure to the protection for rights of citizens. we should deal with them together and constructs the police power rules and regulations of fitting our country actual situation mechanism.