On The Central And Local Allocation Of Police Power In China

With the change of time,China has entered a "new era",and the main social contradiction has also changed.The people have gradually turned from the pursuit of material satisfaction such as food,clothing,housing and transportation to the spiritual pursuit of a better life.This imposes new requirements not only on the functions of government,but also on state institutions at all levels.Right of police and national security,social order,the people’s interests are closely linked,in order to better meet people’s pursuit of a better life and the demands of a new age,the police authority in the field of public security system reform,reform of police and institutional reform under the background of the ascendant,and the institutional reform and the reform of the scientific division is the key to clarify the right of the police and the standard configuration,on the basis of above to build corresponding system.Therefore,centering on the core proposition of police power allocation,this paper will carry out research along the basic theory,historical evolution,analysis of the current situation and corresponding countermeasures.Firstly,the basic theory of the central and local allocation of police power.In order to better understand the police power,this part will analyze the concept and characteristics of the police power,and typify the police power.As a state power,the police power should be regarded in the whole constitutional system.At least,it can be classified into the police legislative power,the police executive power and the police guarantee power.This is also the "abscissa" of this paper.On this basis,the centralized distribution of police power in China under the unitary structure presents a unique pattern and characteristics,which is the "vertical coordinate" of this paper.Therefore,the central and local allocation of police power in China is based on the constitution and laws,which is embodied in three specific configurations: the central and ordinary areas,the central and ethnic autonomous areas,and the central and special administrative regions.Secondly,the historical evolution of the central and local allocation of police power.Police rights after the founding of the central and local configuration has twists and turns into a circle loop or there are ups and downs,the reason is not only combine with political reality closely,but also affected by the economic management system,coupled with the right to police its task and value target of guidance,often with political and economic environment such as the national relationship more closely.The characteristic police management system of our country "unified leadership,hierarchical management,combination of blocks and mainly blocks" was formed during the war.Although there is no clear discourse expression of this management system in the constitution and laws,it has been guiding the public security work of our country in practice.Thirdly,the main problems in the three concrete forms of the centralization of police power are analyzed with the vertical axis established in the first part.Conclusion is unable to give full play to the ordinary local and regional national autonomy place of enthusiasm,at the same time the central can’t cover special administrative region,but according to our country’s national conditions and historical experience,mainly in the central and the common local police power allocation problem is serious,so the main problem is mainly the central and the common local the ordinate is analyzed.In the process of the specific allocation of the police legislative power,the police executive power and the police security power,there are some problems such as the insufficient exercise of the police legislative power,the unclear boundary of the central police executive power,the imbalance of the financial security,and the shortage of the grassroots police force.According to the problem to find the cause,from the internal and external causes,mainly including historical reasons,legal reasons and the system of its own tension.Finally,in view of the problem,perfect the central police power allocation in our country.Faced with the new practical and theoretical needs,the central allocation of police power should be around the internal integration of the structure of the reconstruction,combined with its main problems,put forward the measures to improve the central allocation of police power in China.First,the central police legislation should clarify the principle and scope of the centralization of police power,especially the people’s police law should be appropriately amended and supplemented,and local governments should be encouraged to fully exercise the legislative power of the police and further refine the powers of the relevant police.Second,the scope of the central police administrative power,the local police administrative power and the common police administrative power should be clearly defined.Thirdly,in order to ensure that the administrative power of the police can be truly exercised and operated,it is necessary to improve the safeguard measures from the aspects of funds and police force,and promote the construction of a regularized,professional and professional public security team.Fourth,on this basis to straighten out the relationship between central and local public security organs.