| Although "police" is a fundamental concept in public law, scholars have not fully recognized this concept and the propositions deriving therefrom. In both Germany and Japan, "police" refers to a kind of governmental activities, but the extension of the concept had changed over history. The theories of police law in contemporary Germany and Japan have established respectively the substantial concept and formal concept of police, as well as the positive legal concept and academic concept of police. The evolution of the concept of police in Germany and Japan has reached the same destination. The public law theory in early modern China was influenced by the Japanese doctrine and hence treated police as an integration of a kind of governmental activities. In New China, the concept of police has showed the tendency of pan-politicization and identification and, as a result, refers only to "people's police" in positive law, leading to the deficiency of the integrating function of the concept. Since the integrative concept of police contributes to ascertaining the scope of application of the principle of legal reservation, provides categorized criteria for the judgment of the shrink of administrative discretion, justifies the intervention into private law domain by administrative power, and shapes the standards of constitutional judgment, it is necessary to reintroduce it into the systems of public law and the theory thereof. |
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