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Chinese Police Power and Human Rights Protection

Author: AnChunJie
Tutor: HeRan
School: Changchun University of Science and Technology
Course: Constitutional and Administrative Law
Keywords: Police power Human rights Balancing mechanism System Construction
CLC: D922.14
Type: Master's thesis
Year: 2008
Downloads: 402
Quote: 1
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Abstract


August 28, 2005 , in the law enforcement practice of one of the most important laws of the \Seventeenth meeting of the Committee , Chinese President Hu Jintao to Presidential Decree No. 38 to be published in March 1, 2006 into effect. The promulgation and implementation of the Act , on the one hand , is conducive to the public security organs according to law security management, investigate all kinds of violation of public security management behavior ; hand, but also conducive to protect citizens' legitimate rights and interests. In this paper, the police the right to protection of human rights norms and the relationship as a starting point , to reveal the police and human rights against the public-private and private rights against the typical mechanism of action of the conflict and the establishment of the unity of opposites balance between the two mechanisms . Through the \in-depth study , which pointed out that the relationship between the police and human rights against essentially police enforcement powers and rights in the field of embodied , the two opposites , both interdependent and mutually growth and decline , interaction, mutual transformation and mutual restraint, police power and human relationships that are built on this foundation maintain a dynamic balance . Finally balancing police powers and human rights system construction , noting that the police should be as soon as reasonably regulate the right to protection of human rights , a moderate expansion of police powers to counterbalance human rights , and continue to improve the judicial review system , in order to maximize the realization of the human rights of police power and balance .

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Public Security Management Act
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