我国警察权的宪法缺失

The Constitutional Imperfection of Police's Authority in China

我国存在警察滥用职权这一现象的根本原因在于现行警察权的设置和行使方面存在宪法缺失,其表现为警察、警察权的宪法定位较为模糊,警察权的设置尚有与宪法精神相矛盾之处,警察权的运行缺乏宪法层面的制约和监督。

In the last few years, the cases which the policeman abused their authority have been often reported in media. The basic reason is that the police's authority is imperfect in establishment and function. For instance, it is faint to define the police and their power in constitution; the establishment of the police's authority and the constitution spirits are mutually self-contradict; the function of the police's power lacks strict restriction and supervision from the constitution.