论警察程序制度

Police Procedural System

警察法的发展历史首先在于确认警察权扩张的合法性和自由裁量的合理性,然后才是对警察权扩张度的一种控制。为此,有必要为警察权设立运行规范,即设立一套警察程序,使之按规范所确定的轨道发挥其影响和支配社会的力量。

The primary task of police laws’ development relies on the legal confirmation of police power’s expansion and the free rationalization ruling. The secondary of it is the domination to the police power’s expansion. It is needless to reduce the operative police power’s scope of responsibility by the illegal regulation way, ie, the idea of no police regulation, as to the matter of how to control the police power’s enlargement. The reason of the above mentioned government offered public welfare is the necessary needs for the social groups, which initiates the wants of new system continually. Therefore, there are tightly various kinds of police procedural system initiated by different countries after the trend of police power expansion, and which will take the police procedural system as the standard of police power and civil rights.