接处警法制的反思与重构
发布时间：2018-07-22 15:34
【摘要】：自新中国成立以来,接处警法制一直处于发展演进之中。从目前的警务实践来看,公安机关的接处警行为所适用的法律规范仍然分散庞杂,各项规范之间亦存在交叉重叠,部分规范欠缺明确的执行程序,先期处置措施的行为属性尚需界定,一般性执法原则也有待深入的理论探究。从立法论的视角观察,接处警法制之显著缺陷,源于接处警行为的法理定位不清,理论体系性不足。对此,应当在法理上重新定位接处警行为的法律属性,推进先期处置措施的有限度形式化,建构接处警一般执法原则,同时加强相对人的程序性权利的保障机制,发展具有针对性的外部监督与审查机制,从而系统建构接处警法制,以充分保护当事人之合法权益。
[Abstract]:Since the founding of the people's Republic of China, the law of handling police has been developing and evolving. Judging from the current police practice, the legal norms applicable to the conduct of receiving and handling police by public security organs are still scattered and complicated, and there are also overlapping and overlapping among the various norms, and some of the norms lack a clear enforcement procedure. The behavior attribute of the advance measure needs to be defined, and the general law enforcement principle needs to be explored deeply. From the point of view of legislation theory, the obvious defects of the legal system of receiving police are due to the unclear legal position of the behavior of receiving police, and the lack of theoretical system. In view of this, we should reposition the legal attribute of the behavior of receiving police in the legal theory, promote the limited formalization of the pre-disposition measures, construct the general law enforcement principle of receiving the police, and strengthen the safeguard mechanism of the procedural rights of the counterpart. To develop the external supervision and examination mechanism, so as to establish the legal system of receiving police officers, and to fully protect the legitimate rights and interests of the parties concerned.
【作者单位】： 中国人民公安大学;
【基金】：司法部国家法治与法学理论研究项目“完善治安管理处罚与刑事司法衔接”(15SFB2013)的阶段性研究成果
【分类号】：D922.14
[Abstract]:Since the founding of the people's Republic of China, the law of handling police has been developing and evolving. Judging from the current police practice, the legal norms applicable to the conduct of receiving and handling police by public security organs are still scattered and complicated, and there are also overlapping and overlapping among the various norms, and some of the norms lack a clear enforcement procedure. The behavior attribute of the advance measure needs to be defined, and the general law enforcement principle needs to be explored deeply. From the point of view of legislation theory, the obvious defects of the legal system of receiving police are due to the unclear legal position of the behavior of receiving police, and the lack of theoretical system. In view of this, we should reposition the legal attribute of the behavior of receiving police in the legal theory, promote the limited formalization of the pre-disposition measures, construct the general law enforcement principle of receiving the police, and strengthen the safeguard mechanism of the procedural rights of the counterpart. To develop the external supervision and examination mechanism, so as to establish the legal system of receiving police officers, and to fully protect the legitimate rights and interests of the parties concerned.
【作者单位】： 中国人民公安大学;
【基金】：司法部国家法治与法学理论研究项目“完善治安管理处罚与刑事司法衔接”(15SFB2013)的阶段性研究成果
【分类号】：D922.14
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