Study On The Exercise And Regulation Of Police Power In Mass Incidents

Currently, our country is undergoing an economic transition, social transformation, the special stage of structure adjustment. Citizens’ appeals of rights and interest conflicts between different classes have increased dramatically, which promoted the employment, labor relations, income distribution, social management and other aspects of many social contradictions and triggered a large number of mass incidents. And recently the mass incidents such as "3 21Pingdu,Shandong villagers burnt event"、"3·30Guangdong Maoming PX project event" and the"5·10 garbage incineration power plant project in Hangzhou Zhejiang event", continue to challenge the nerve of the whole society. With the scale and performance form of such incidents constantly upgrading, the expression of demands changed into incidents such as destroying traffic order, public order, endangering public security and citizens’ personal property, even other serious illegal activities, which seriously damaged the public order, wasted the public resources and caused a huge impact on economic development and social stability. That is, the group incidents have become the restriction factors of building a harmonious society in our county.As the police is closely related to civil rights, it plays an important role in maintaining public order and citizens’ normal life. However, as the police power has characteristics of initiative, unilateral, mandatory and expansionary, so the usage of police powers may cause violation to the citizens easily. And during the process of dealing with mass incidents, the police often face all kinds of emergencies, which are in the case of no inform, and no warning, the police will use the discretionary power to take compulsory measures and emergency coercive power to deal with the group behavior, sometimes even to astrict the citizen rights. So in this case, the exercise of the police power must base on the reasonable design of standard police system. If the improper exercise of the police power happens, not only the legitimate rights will be infringed, but also it is likely to further escalate the situation, enlarge the group incidents, and even leads to a larger loss. The rules of using the police power in the mass incidents can be found in all kinds of laws, such as administrative laws and regulations and local laws. However, the rules above are too rigid and general, and there is a lack of clear and effective laws and regulations in the authorization, starting, limitation, ways of exercise, exercise programs, supervision and responsibility-tracing system of police power. Therefore, it gives the police extensive discretionary power in practice, which makes the abuse of police power, and the abuse of power will happen and then make negative effects to citizens and society easily.Therefore, in order to build a harmonious society, to construct the country under the rule of law, to construct a sunshine government, a limited government, a responsible government, and to realize the government administration according to law, to make the police maintain the normal social order and effectively protect the legitimate rights and interests of citizens, the exercise of the police power in mass incidents must be effectively regulated.This article selected topic in the above background, and selected the exercise and regulation of the police power in the mass incidents as the research direction. By comparing and analyzing local regulations and typical cases, we can find the problems of the exercise of the police power. And we can propose some corresponding measures to solve the problems. Also, I hope this paper can offer some help to related researchers and policy makers.