It is necessary to prepare the legal control mechanism against abuse of police power in the process of law enforcement and to do activities of lookout for protecting the people’s fundamental rights. However, if there are no delegation of power from the outset with being afraid of abuse, any law enforcement to be expected will not go. On the contrary, we should recognize that if we let them accomplish their responsibility without power, exceeding performance might be happened for the professional sense of duty. There is no problem if police activities of checkup about suspect are nothing but arbitrary actions without no direct target of danger protection or criminal arrest. But if you try to blame the police man not to be able to arrest the wanted who passed in front of the police man, and to say that policeman should acertain whether the man who would like to buy tobacco or alcohole is juvenile or not, you should allow policeman necessary degree of power going side by side with adequate control mechanism by law. The way of making sure the effectiveness of questioning on policing is divided compulsion and sanction at large. It is desirable to allow the ultimate veto right about confirm of personal identity in the light of present legal emotion of citizen and to make indirect compulsory performance with sanction(administrative punishment) through the judgment made by judge against objector. Now, it is time to make clear the degree of citizen’s own expectation about law enforcement by public power and to decide the attitude of legislation about permitted limit of basic methods for law enforcement at the standpoint of the paymasters. Namely, the wisdom of third phase of administrative law called ‘The accord between special delegation and special limit against servant’ is necessary.

It is necessary to prepare the legal control mechanism against abuse of police power in the process of law enforcement and to do activities of lookout for protecting the people’s fundamental rights. However, if there are no delegation of power from the outset with being afraid of abuse, any law enforcement to be expected will not go. On the contrary, we should recognize that if we let them accomplish their responsibility without power, exceeding performance might be happened for the professional sense of duty. There is no problem if police activities of checkup about suspect are nothing but arbitrary actions without no direct target of danger protection or criminal arrest. But if you try to blame the police man not to be able to arrest the wanted who passed in front of the police man, and to say that policeman should acertain whether the man who would like to buy tobacco or alcohole is juvenile or not, you should allow policeman necessary degree of power going side by side with adequate control mechanism by law. The way of making sure the effectiveness of questioning on policing is divided compulsion and sanction at large. It is desirable to allow the ultimate veto right about confirm of personal identity in the light of present legal emotion of citizen and to make indirect compulsory performance with sanction(administrative punishment) through the judgment made by judge against objector. Now, it is time to make clear the degree of citizen’s own expectation about law enforcement by public power and to decide the attitude of legislation about permitted limit of basic methods for law enforcement at the standpoint of the paymasters. Namely, the wisdom of third phase of administrative law called ‘The accord between special delegation and special limit against servant’ is necessary.

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