Study On The Dynamic Balance Between Police Power And Civil Rights In Public Security Policy

The public security strategy is the guiding principle,standard and the way of thinking,and it always plays an important role in the maintenance of public order.The key and difficulty of security strategy is the balance between police power and civil rights,and the relationship between both sides has an important influence of the security strategy dimension,magnitude and intensity.So the key of the security strategy is to solve the problem of the balance between police power and civil rights.The relationship between police power and civil rights should be well handled when making public security policy.The police power comes from the civil rights and the purpose is to protect the civil rights,which constitutes the basis of the unity of both sides.The excessive expansion of one party’s rights will infringe on the rights of the other party,and the exercise of power is the concrete manifestation of the external opposition between the two sides.The relationship between the two sides determines the process of making public policy should be difficult to choose the balance.Although there is no special research on the strategy of public security oversea,the general principle of public security is permeated in the specific police practice.And the experiences of Britain,the United States,Japan and other countries in the maintenance of public order in the process of dealing with the relationship between police power and civil rights inspired China’s public security strategy to achieve the balance.When making public security policy,the balance requires order value,justice value and benefit value of police.Besides,it also needs all kinds of influencing factors,such as space-time factors,personal factors and legal factors to ensure the full interaction between the two sides from the perspective of relationship.According to the different stages of prevention,control,treatment and reconstruction of public order maintenance to achieve the dynamic balance.The balance to be achieved is a kind of relative balance,which is manifested in the different stages and forms socially.The relative balance standard has different requirements in terms of goal,scope,scope,intensity and method,which includes both order and vitality,neither infringe the private domain and guarantee security,the minimum force and in accordance with the law,norms,flexible.