治安管理处罚权的扩张与规制——治安法立法之视角

On the Expansion and Limit for the Powers of Punishments in Public Order and Security Administration——with reference to the legislative tenet of the Law on Punishments in Public Order and Security Administration

新颁布的《治安管理处罚法》从立法宗旨上,既追求维护社会治安、保持社会稳定、实现和谐社会之目标,又追求人权保障与程序公正之价值,同时注重对公安行政执法行为的规范。较之原《治安管理处罚条例》,治安法具有宽严更适度、程序更严格、处罚更规范、监督更有力的特点,从国家管理社会治安的目的与需要出发,扩张了公安行政执法机关之管理处罚权,规制了公安行政执法行为。

With reference to the legislative tenet of the newly promulgated Law on Punishments in Public Order and Security Administration, we can find that this new law not only wants to keep social stability but also intends to preserve the justice between social people and police officers. Compared with the old Regulations on Punishments in Public Order and Security Administration, the new law is more moderate in legislative requirements, more strict in legislative procedures, more normative in punishments and more powerful in supervision, which implements both the targets of enlarging the powers and of limiting the law enforcement acts for police officers.