消极自由权与行政警察权初论

On the Relation between Negative Liberties and Police Executive Power

作为基本人权的消极自由权是现代社会的一项重要法治资源;行政警察权是与公民联系最密切的公共权力之一,它以限制人的自由为主要特征。消极自由权与行政警察权冲突的原因是多方面的,二者相异的品性是其中的根本原因。解决消极自由权与行政警察权冲突的理性方案是法治,法治是一个包含诸多因素的整合性系统,其中,消极自由权与行政警察权的行政契约关系是这个系统的基础性条件。

Negative liberty, as a fundamental human right, is one of the important legal resources of modern society. Police executive power is one of the powers which are most closely related to citizens with the main character of limiting personal liberty. Many reasons lead to the conflictions between negative liberty and police executive power while the basic reason is their different natures.Rule of law, which is a reorganized system containing many elements, is the reasonable scheme to resolve the confliction between negative liberty and police executive power. The administrative bond between negative liberty and police executive power is a basic term in the system of rule of law.