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The Research on Police Power in the Group Events Handling
Author: ZhuBing
Tutor: SunLi
School: Suzhou University
Course: Legal Theory
Keywords: Group Events Police Power civil rights conflict Regulation
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 165
Quote: 1
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Abstract
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Police power and civil rights as the rights of public power and private representatives in the body should not be a conflict object. However, mass incidents, the police power relative to the normal state with the expansion of police power and civil rights are often the main contradiction in direct conflict. Police power as the executive power, the exercise of its powers must be expressly authorized by law; However, due to the social status of groups of events between the normal state and between a state of emergency, the police authority for the maintenance and restoration of normal social order and group behavior is often In the absence of this, without warning, to take urgent circumstances compulsory measures to force the exercise of emergency power to limit some rights of citizens. According to the rules of Kantian deontology, to restore order to restrict civil rights of coercive measures is optional, is not absolutely effective, rule of law in responding to mass events, the exercise of police power be desirable to reduce the extent of restrictions of civil rights To a minimum. Throughout the incident of mass police power, its mandate, launch, exercise program, after the lack of effective remedies and other aspects of the law expressly provides that the exercise of police power authority are often based on policy. In such a“gray area”of the police power has broad discretion, the fundamental rights of citizens against the more dangerous, than in the normal police powers under the more difficult constraints. The construction of the rule of law must first be forms of rule of law, therefore, within the legal framework to balance the mass incidents of police power and civil rights in the conflict, while maximizing protection of civil rights restoration of normal social order is an urgent need to study and solve important issues.
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CLC: > Political, legal > Legal > Chinese law > Administrative law
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