警察自由裁量权之限制

On the Police Free Judge Rights and the Regulation and Control

警察由于社会职能的特殊性,其在执行公务的过程中拥有自由裁量权。警察自由裁量权作为警察权力的重要组成部分,有其存在的正当性。警察自由裁量权是实现一般正义和个别正义的最佳途径,兼具公平和正义的法之价值。然而有权力必有限制,当前警察自由裁量权存在滥用、乱用以及有失公平正义的问题,需要对警察自由裁量权进行立法控制、司法控制、行政内部控制,从而提高警察的职业素质。对警察自由裁量权加以限制,这是现代法治社会的必然要求。

Because of the particularity of social functions,the police can exercise certain rights in the process of performing official duties with discretion. There is legitimacy of existence to introduce the police discretion as an important part of the police power. The police free judge rights is the best way to realize general justice and individual justice,both the value of fairness and justice of the law. However,where there is right,there is restriction. At present,there exist the problems of abuse and loss of the right of justice in applying the police free judge rights. The need for legislative control,judicial control,and internal control of the police administrative discretion thus arise so as to improve the quality of police occupation. Restriction on the discretion of the police is an inevitable requirement of modern society ruled by law.