论警察行政权的当代转型

On Transformation of Police's Executive Power in Contemporary Age

当代警察行政权的转型具有深刻的历史背景和必然性根源,人民主权原则的确立造就了现代警察行政权的诞生,但在法治所带来的稳定、封闭、压制等问题显露并亟待解决的情况下,警察行政权必然在成型的基础上继续面临当代的转型。在外在样态上,警察行政权出现了权能和运行方式两方面的转型,其性质被明确为纯粹的行政权,并出现了从统治到服务、从命令到回应、从压制到协商的运行方式转型。其实质变化为警察行政权的暴力性质被削弱并转向规范的强制力,同时国家权力对公民的强制出现下降。最终警察行政权的发展趋向是通向善治,成为国家治理的一种手段。

There is a profound historical background and inevitable root in transformation of police＇s executive power in contemporary age. The establishment of the people＇s sovereignty principle has brought about the birth of police＇s executive power, but facing increasingly obvious and burning problems resulted from rule of law such as stability, seclusion and suppression, we need to transform police＇s executive power in contemporary age. On the surface, there are two types of transformation including powers and functions, as well as operation, which are defined as pure executive power in essence. As for transformation of operation modes, there are different types： from domination to service, from command to feedback, from suppression to consultation. Therefore, the essential change is that the violent nature of police has been weakened and changed into normative compelling force, and meanwhile, the enforcement of citizens conducted by the state has also been reduced. Good governance is the ultimate development trend of police＇s executive power, which has become a kind of means of state governance.