对学界关于警察权性质认识的思考

The consideration on Academic circles' understandings about character of police power

学界关于警察权性质的认识主要有,行政权说和行政权与司法权兼具说两种观点,在逻辑上它们以具体化的警察权——警察职权的性质推论得出警察权的性质。文章分析了学界对警察权性质的认识产生分歧的原因和研究的目的,指出了由于受到国家权力并非绝对分立等因素的影响,学界欲从警察权性质的定位入手,以此寻求监督制约警察权的有效措施之目的难以得到真正实现的原因。

Academic circles＇ understandings concerning with the character of police power mainly includes two viewpoints：the administrative power or composed with the administrative power and the judicial power.Logically they infer the character of police power from the embodiment of police power-the character of the police functions and powers.This article has analyzed the reason and research purpose of the controversies over character of the police power in academic circles.And it has pointed out that as being subjected by the factors that national power is not absolutely separated, the purpose which academic circles try to find out effective measures standardizing and restricting police power,from the location of character of police power,is hard to get a realization.