论公安适用强行驱散措施的规制

The Discussion of the Regulations Applicable to Enforced Dispersal of Public Security

强行驱散作为处置突发事件的行政强制措施,实践中并不多用,因强制力较大,故此必须严格遵守相关程序规定。目前,在实践工作中存在有实施主体不合规、时机选择不正确和实施方式不当等问题,究其原因,主要表现在基层警力不足、对风险评估重视不够和法律不够完善等方面,因此,应当通过采取措施充实基层警力,加强风险评估,完善相关法律和加强监督等工作,确保强行驱散措施的正确实施。

As an administrative enforced measure to deal with emergencies, enforced dispersal is seldom used in practice, but the coercive power is relatively strong, so relevant procedural regulations must be strictly followed.At present, in practice, there are problems such as non-compliance of the implementation subject, incorrect timing, and improper implementation methods. The reasons for this are mainly the lack of grassroots police force,insufficient attention to risk assessment, and insufficient law. Therefore, measures should be taken to enrich the primary-level police force, strengthen risk assessment, improve relevant laws and strengthen supervision, so as to ensure the correct implementation of enforced dispersal measures.