A Study On "Administrative And Criminal" Configuration Of The Police's Public Security Power

In the theoretical research,the police's public security power,which has the characteristics of power legality,subject definiteness,objective definiteness,personal compulsion,infringement relief,social welfare,is the key part of the police power.In order to effectively response and dispose the behaviors that endanger the public security in varying degrees,the legislator designed the concomitant power configuration of"administrative and criminal" for the police's public security power.Overall,the concomitant power configuration conforms to the rule of law demand in China.However,there are still some problems in practice,including the expansion tendency of the"administrative configuration" in police's public security power and the abuse of the"criminal configuration".We analyzes the reasons for the abnormality of the"administrative and criminal" power configuration of the police's pubic security power,which is mainly due to the unreasonable legal structure,especially the insufficiently strict supervision system designed to accept the case,switch the procedure,compulsory measures,investigation means and administrative detention.At the meantime,in order to meet the emergency stability needs,pursue higher administrative efficiency and achieve better administrative benefits,the police organizations in the administrative system have the internal motivation which can be mixed use the "administrative and criminal" power configuration.Additionally,the impulse instinct of power expansion is an important factor in the abnormality of the "administrative and criminal" power configuration of the police's pubic security power as well.To solve the problem that the "administrative and criminal" power configuration of the police's pubic security power is out of order,and to maintain public security and protect civil rights,we can perfect the police's public security power system in four aspects.Firstly,the public security functions of the police organization need to be highlight,and separate its short-term detention,judicial expertise and other functions from its non-police activities,so as to make its functions clearer and easier to supervise various activities.Secondly,to improve the legal system of the "administrative and criminal" power configuration of the police's pubic security power,strengthen the judicial review of part of the decision-making power in police organizations,complete the review mechanism which can be the transformed administrative law enforcement evidence into criminal evidence,smooth the channels for police organizations to handle case notification,service and information disclosure,and strictly review the internal handling process of police organizations.Thirdly,it established the post responsibility system,lifelong accountability system,public inspection law information sharing system and other working mechanisms to strengthen the supervision of the operation in police's pubic security power.Last,adjust the evaluation system of police's pubic security power operation,directly reflect the different value pursuit of the "administrative and criminal"power configuration,and turn the value pursuit into the target case,the target case into the evaluation index,and more scientifically drive the police organization to correctly exercise the police's pubic security power.