关于警察阻止公民自救其跳楼女儿行为的合法性审查

On Censoring the Lawfulness of the Police Preventing the Citizen's Saving His Daughter Climbing off the High Building

警察阻止公民自救其跳楼女儿一案,触及了警察救助与亲属救助的冲突及法律适用问题,引起了行政诉讼学界的关注。警察在救助现场排斥原告对其跳楼女儿的自救,其行为带有人身强制性,属于对被救助人采取的准行政约束。但大家对于警察救助是否能排除亲属自救以及警察阻止家属自救的行为是否具有合法性,却存在着不同看法。

The case of the police preventing the citizen＇s saving his daughter climbing off the high building, concerns the conflicts between police saving and relative saving and the application of the law. Hence, the case has aroused attentions in experts on administrative procedure law. When the police prevent the accuser from saving his daughter climbing off the high building on the spot, their action is of personal compulsiveness, which belongs to the quasi-administrative restrictions. However, people have different opinions on the lawfulness of the police＇ such action.