Abstract:
In the digital transformation of public security, power expansion represented by the cybersecurity department makes the attribute of police power present a more complicated and secretive “Power Thicket”. The “Power and Right” structure is increasingly out of balance. In addition, the problems of power alienation such as the broad use subject of police-related data and the vagueness of procedures, commonly seen in multiple police departments, pose challenges to the rule of law of police power. The dual attributes of police power are the primary cause of police power anomie, and the responsibility for such anomie should be attributed to the institutional design and theory surrounding these dual attributes. Police power should be attributed to the integration of administrative attribute, and a power regulation system should be formed through the coupling of external constraints and internal self-restraint. External constraints aim to improve the legal system to clarify the boundary of police power expansion and realize the normative empowerment of digital police power, and to block the path of power alienation by formulating organic law. Internal self-restraint shapes a new paradigm of power governance through technical governance, and introduces flexible measures to regulate digital police power based on the fine division of digital policing behavior in the “four quadrants”, in order to make up for the shortcomings of external constraints in regulating technical power.