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在我国,警察盘查权是行政法赋予公安机关在维护社会秩序和打击犯罪中的一项重要的行政执法权,能否正确行使,关系到社会稳定和公民合法权利的保障。然而,我国法律中规定的盘查主体不特定、启动标准过于简单,盘查的范围、时间、强制程度规定不明确,缺乏必要的制约和救济,实践中公民合法权益受到侵犯的情况屡有发生。为了实现秩序与公正、公权与私权、打击犯罪与保障人权的相对平衡,需要把警察盘查纳入到法治轨道上来,通过行政立法对其主体资格、启动标准、范围、时间、强制程度和救济措施等进行全方位的规制。
In our country, the police investigation power is an important administrative law enforcement right given by the administrative law to the public security organ in the maintenance of social order and the fight against crime. It can guarantee the correct exercise of social stability and the legitimate rights of citizens. However, the main body of the enumeration under the law of our country is not specific, and the starting standard is too simple. The scope, time and degree of enumeration are not clear and the necessary restrictions and remedies are lacking. In practice, violations of the legitimate rights and interests of citizens have occurred frequently. In order to achieve order and fairness, public rights and private rights, the relative balance between the fight against crime and the protection of human rights requires that the police should be enrolled into the orbit of the rule of law and its standards, scope, time, degree of coercion and relief Measures such as a full range of regulation.