社会法治的一个维度:警察权与公民权的平衡

A Dimension of Social Rule of Law:Balance between Police Power and Civil Rights

文章分别对警察权和公民权加以诠释。分析了警察权与公民权既统一又冲突的关系,从警察权源自公民权、保障公民权、服从公民权需要、接受公民权监督等,归纳了二者统一的实质;从公共利益与个人利益、秩序价值与自由价值、自由裁量与权益评判、执法权威与消极对抗等矛盾,归纳了二者冲突的表征。论述了探求并实践警察权与公民权平衡的对策,包括树立执法为民思想和人权保障理念、提高法律意识和完善法律规制、以程序公正原则提升警察权的正当性和公信力、切实维护警察执法权威和执法权益等。

This article explained the definition of the police power and the civil rights respectively and analyzed the relationship between police power and civil rights which is unity and conflict. They are unified for the police power is derived from citizenship, safeguards citizen rights, subjects to civil needs, and be supervised by civil rights. Meanwhile, there are many conflictions between them on public and individual interests, order and freedom value, discretion and rights judges, law enforcement authorities and negative confrontation of contradictions. The author suggested countermeasures on the balance of police power and civil rights, including setting up the thought of law enforcement for the people and concept of human rights protection, improving legal awareness and regulations, enhancing the legitimacy and credibility of the police power by the principle of procedural justice, earnestly upholding the authority of police law enforcement and law enforcement interests.