路检盘查的实施依据与程序监督
发布时间：2018-07-18 10:07
【摘要】：路检盘查是落实警察职责的手段之一,其对象是行人和车辆,大致可分为身份查验、交通纠违和禁品搜剿三个类型。它既有预防危险的行政性质,又具事后追究的司法属性。路检盘查随时可以衍生搜查、检查、扣押、留置乃至拘留。路检盘查的实施依据应遵循法保留原则,实施手段应受制于比例原则。在警务实践中,路检盘查启动频繁、手段多样,而法律授权基础却空乏破碎,需要借鉴域外经验,从实体和程序两方面进行规制与监督,也就是解决"为何查、查什么、如何查"的问题。路检盘查的实施根据是"有嫌疑",而程序监督的核心内容就是如何检验是否真"有嫌疑"。
[Abstract]:Road inspection and inspection is one of the means to carry out the duties of the police. It is aimed at pedestrians and vehicles and can be divided into three types: identification, traffic correction and forbidding search and suppression. It not only has the administrative nature of preventing danger, but also has the judicial attribute of investigating afterwards. Road check and check can be generated at any time search, inspection, seizure, detention and even detention. The implementation of road inspection and inspection should follow the principle of legal reservation, and the means of implementation should be subject to the principle of proportionality. In the practice of police affairs, the road check and check is started frequently, the means are various, but the legal authorization foundation is empty and broken, so we need to draw lessons from the outside experience, regulate and supervise from both the entity and the procedure, that is to say, to solve the problem of "why to check, what to look up," The question of how to investigate. The implementation of road inspection and inspection is based on "suspicion", and the core content of procedure supervision is how to check whether "suspect" is true.
【作者单位】： 中国社会科学院法学研究所;
【分类号】：D925.2
，
本文编号：2131570
[Abstract]:Road inspection and inspection is one of the means to carry out the duties of the police. It is aimed at pedestrians and vehicles and can be divided into three types: identification, traffic correction and forbidding search and suppression. It not only has the administrative nature of preventing danger, but also has the judicial attribute of investigating afterwards. Road check and check can be generated at any time search, inspection, seizure, detention and even detention. The implementation of road inspection and inspection should follow the principle of legal reservation, and the means of implementation should be subject to the principle of proportionality. In the practice of police affairs, the road check and check is started frequently, the means are various, but the legal authorization foundation is empty and broken, so we need to draw lessons from the outside experience, regulate and supervise from both the entity and the procedure, that is to say, to solve the problem of "why to check, what to look up," The question of how to investigate. The implementation of road inspection and inspection is based on "suspicion", and the core content of procedure supervision is how to check whether "suspect" is true.
【作者单位】： 中国社会科学院法学研究所;
【分类号】：D925.2
，
本文编号：2131570
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