警察执法权益保障的法理思考

The Rights of Police Law Enforcement in Legal Thinking

公安机关人民警察因执行公务而使权益受到侵害的事件频频发生,它关乎着警心能否凝聚,国家利益能否被有效保护的重要问题。但对警察执法权益的保障似乎只在公安内部作出呼应,却没有得到社会群众特别是法学理论界的支持,这与人们对警察执法权益保障的内涵和行政法治进程中对权力控制的理解存在认识上的误区有直接的关系。界定警察执法权益的法理概念和行政法基本理论对建立警察执法权益保障制度的指导意义,并在此基础上提出几点保障警察执法权益的法律规范设计。

The rights of the people's police are violated frequently when they are performing official duties. it's about that the police can be condensed and an important problem in national interests can be effectively protected. But rights of police law enforcement are focused within public security,not social masses,especially the theoretical support of law. Because people misunderstand the connotation of people's police law enforcement rights and the understanding of power control. This article analyzes the rights and interests of police law enforcement concept from the perspective of legal theory of law and the basic theory of administrative law. It is the guiding significance of establishing the police law enforcement interests,and it advances several legal norms and safeguards the rights and interests of the police law enforcement based on it.