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警察通常需要承担刑事执法和行政管理两项职责,警察在履行上述两项职责的过程中都可能面对各种紧急情况。在应对紧急情况的过程中,警察可以行使紧急权力,警察的紧急权与公民的宪法权利密切相关,因此,对于警察紧急权的考察,不可避免地涉及宪法与紧急权的关系问题。美国学者对宪法与紧急状态的关系进行了深入地讨论,基于美国学者对宪法与紧急权的研究,可以认识到宪法与紧急权之间存在的紧张关系。美国法院对于警察紧急权问题给予了相当的重视,并将警察紧急权区分为刑事执法紧急权与行政管理紧急权。美国法院已经对警察的刑事执法紧急权形成了较为科学地认识,不过,对于警察的行政管理紧急权的性质和运作原则,仍然需要进一步予以明确。
Police usually need to assume both criminal law enforcement and administration duties. Police officers may face a variety of emergency situations in the performance of these two duties. In the process of emergency response, the police can exercise emergency power. The police emergency right is closely related to citizens’ constitutional rights. Therefore, the investigation of police emergency right inevitably involves the relationship between the constitution and the emergency right. American scholars have conducted an in-depth discussion on the relationship between the constitution and the state of emergency. Based on the research on constitutional and emergency rights by American scholars, we can recognize the tension between the constitution and the emergency right. American courts have given considerable attention to the issue of police emergency right and divided the police emergency right into the emergency right of criminal law enforcement and the administrative emergency right. The U.S. courts have formed a more scientific understanding of the police emergency powers of criminal law enforcement. However, the nature and operation of the emergency administrative power of the police still need to be further clarified.