警察权宪法基础之比较法考察(上)

To Investigate the Constitutional Basis for Police Power by Comparative Law

规范执法是警察工作的主旋律和生命线,警察权是决定因素。警务建设是宪政建设的有机组成部分,应从宪法中探寻警察权定位以确立警务建设之根基。国内外宪法对警察权的具体表述有所差异,但显示出警察权是有鲜明特色的权力,具有主动性等行政权的基本特征,与其他行政权相比具有人身自由强制处分权等个性特征,而没有立法权内容,也不是司法权。

To regulate law-enforcing is the main theme and lifeline of policing. The police power is the determinants. The policing construction is the integral part of the constitutionalism. We should establish the foundation of construction of policing by searching for the right location of police power from constitutions. The specific expressions to police power in the constitution at home and abroad have some differences. But they have shown that the police power is the power with distinctive characteristics, including the basic features of executive power, such as the initiative, and the personalities, such as the compulsory disposition of personal liberty without the legislative power or the jurisdiction.