法治化进程中公安执法规范化构成及发展研究

Research on the Standardized Constitution and Development of Public Security Law Enforcement under the Rule of Law

对于公共安机关而言,执法规范化与法治化之间存在一定差别。执法规范化的构成除了包含合法性要件、合理性要件之外,还包含执法效果要件和执法安全要件。从构成要件中可以看出,公安执法规范化一方面是在法治要求之下的细化要求,另一方面是在法治要求之外的严格要求,它包含了多种行为规范,追求法律效果和社会效果的统一。而要实现公安执法规范化建设的继续推进,必须重视两方面要素,一是内部要素,包含合法、合理的执法规范和科学的、具有可持续性的执法培训制度;二是外部要素,包含立法制度的完善和法律解释制度的有效运行。

In terms of public security organs,there are some differences between standardization and legalization in law enforcement.The former contains not only elements of legitimacy,rationality,but also its effect and security.The constitutive elements show that the standardization is a more detailed and stricter regulation required by the rule of law.It covers various code of conduct and pursues the unification of legal and social effects.To further advance the standardization of law enforcement,two factors should be attached great importance.The first factor is internal factor which includes legitimate and rational regulation of law enforcement as well as scientific and sustainable training system.The second one is external factor which includes that the legislative system should be perfected and the legal interpretation system should be operated effectively.