Police power refers to all the powers given by the state to the people's police of public security organs, state security organs, prisons, reeducation-through-labor administrative organs and judicial police of people's courts and people's procuratorates, including all the powers used by the police in performing criminal and administrative functions.
There are mainly two kinds of police power, namely, police administrative power and police criminal power, the essence of which is administrative power.
The rational analysis of police power in China generally believes that police power refers to all kinds of powers granted by the state to police organs and people's police to perform the functions of safeguarding national security and public order, that is, police power.
Among all kinds of public powers, the police power plays a self-evident role in maintaining the rule and is also the most direct coercive means for the people. Compared with some western countries, the scope of police power in China is much wider. It not only has the power of criminal investigation, but also can exercise various criminal coercive means; There is also the administrative power of public security, from public security detention to reeducation through labor, from detention and repatriation to compulsory detoxification, from household registration management to traffic punishment. All kinds of criminal and administrative powers are combined into one.
Modern people are also willing to transfer some of their freedoms and rights to police power, because police power protects citizens' rights and maintains social order. Protecting civil rights is the first motive for the existence of police rights. Only by taking the protection of civil rights as the core of establishing police rights can the unity of police rights and civil rights be realized. The protection of civil rights naturally maintains social order.
Power relations:
The size of police power is inversely proportional to the size of civil rights. The greater the power of the police, the greater the possibility of being deprived of civil rights. The size of police power is inversely proportional to the degree of rule of law in a country. In countries with a high degree of rule of law, the police have less power. However, in a country with huge police power and a monopoly position in society, its degree of rule of law is definitely relatively low.
This is determined by the relationship between police power and civil rights. With the expansion of police power, civil rights will be restricted; Safeguarding civil rights will also restrict police power; If the police power is abused, it will only lead to the lack of civil rights. Although maintaining a certain limit of police power is the knowledge for modern countries to realize a society ruled by law, if it exceeds a certain limit, it will harm and threaten civil rights. For the police, "the law cannot be done without authorization" means prohibition; For citizens, "freedom is freedom without prohibition".
Negative power:
Infringement of police power on civil rights: some policemen connive at harboring fraud criminals; Some policemen arbitrarily and illegally detain people and extort confessions by torture; Some policemen ask for and accept bribes from the people; Some policemen even collude with the underworld and kill people for money. There are also some local governments that rely more and more on the police power in administrative affairs, which not only makes the police power override other judicial powers, but also causes the opposition between the interests and feelings of the people and the police organs.
Illegal use:
On September 4, 2065438, the Japan Coast Guard and the National Police Department announced 19 places where the Coast Guard can exercise police power, including Diaoyu Island. 19 Location: 14 Okinawa Island, Nanniao Island, Iwo Jima, Diaoyu Island, Tohoku Island, Iwo Jima Island, Nagasaki Prefecture. According to media analysis, this is just one of Japan's measures to deal with Chinese sea surveillance vessels entering the Diaoyu Islands.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
The Law on Public Security Administration Punishment stipulates that those who have reached the age of 16 but have not reached the age of 18 will not be punished by administrative detention for the first time.