谈公安执法中保障人权与人身自由权的限制问题

Limitation on Human Right and Right of Personal Freedom Safeguarded in Law Enforcement

"人权"与"人身自由权"密不可分,公民人身自由权只能是由公安机关按严格的执法程序执行,体现了公安机关在执法中对人身自由权的保障;需要剥夺公民的人身自由时,也必须由公安机关依法定程序进行。目前,公安执法中还存在不履行法定职责、侵犯公民人身权利的违法现象,需要在依法行使职权、履行职责中引起足够的重视,以期进一步的改善。

＂Human right＂ and ＂right of personal freedom＂ are closely related. Civil right of personal freedom is only able to be performed by public security organ in consistency with strict enforcement procedure, which embodies that the public security organ safeguards right of personal freedom in law enforcement. When civil right of personal freedom is necessarily deprived, it must be carried out by public security organization in iine with legal procedure. At present, there are some illegal phenomena existing in law enforcement, such as not performing legal obligation, infringing responsibility and they are civil right, which should be given high priority in exercising powers and performing expecting to be improved.