警察盘查权行使条件的法治化

The Rule of Law on the Conditions for the Exercise of Police Interrogation and Examination

警察盘查权行使条件的法治化框架具有促进国家强制力正当行使的时代寓意。普通法系国家为解决问题和争议,逐步侧重于警察权行使条件合理化、明确化。中国立法规范和执法案例中的不明确、不合理问题的解决,需要兼顾盘查权行使条件规范的明确性与合理性,需要跨学科、体系化的理路。在明确性上,应当全面考虑因人防罪和因罪查人的"双轨模式"与盘问、检查和留置的"三点环节";在合理性上,应当进行特定罪行、公民权利和警察安全的合比例性"三面协调",进行严重性、可能性、紧急性的"三要素考量"。

The rule of law on the conditions for the exercise of police interrogation and examination has the significance of promoting the proper exercise of national coercive force.In order to solve problems and disputes,the common law countries gradually focus on the rationalization and clarification of the conditions for the exercise of police rights.As for solving the unclear and unreasonable problems in China’s legislative norms and law enforcement cases,it is necessary to take into account the clarity and rationality of the norms of the conditions for the exercise of integration and examination,and interdisciplinary and systematic approaches.In terms of clarity,it needs to fully consider the"dual-track mode"of prevention of crime committed by certain people and inquiry into people based on crime characteristics,and the"three-point link"of integration,examination and retention;In terms of rationality,it is necessary to carry out the proportional"three-sided coordination"of specific crimes,civil rights and police security,and carry out the"three-factor consideration"including seriousness,possibility and urgency.