警察权法律规制体系初探

Elementary Analysis on Laws Regulating Police Powers

作为一种具有特殊强制性的国家权力,警察权比一般权力更为明显地具有利与害的"双刃剑"特性。对警察权进行必要的规制是保障警察权发挥积极作用的必然要求。对警察权的规制方式有多种选择,在我国当前的社会状态下,法律规制已成为对警察权实行规制的最佳方式。警察权法律规制体系的构成及其各构成环节具有自己特有的内容;应在对警察权法律规制体系建设中存在的问题进行分析的基础上,研究其进一步完善的途径。

As a state power of special coercion, police power is much more like a double-edged sword compared with other state powers. It may do good as well as evil. It is necessary to regulate the exercising of that power for its well functioning. To regulate it by law but by other ways is the best choice for China in context of her present social situation. The practices and theories of police power are together considered here, so that the structures, main elements, and problems of the laws regulating police power and its component and the way for its improving are discussed in order to further the comprehensive studies on the very theme and improve them.