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警察权是国家赋予公安机关履行刑事侦查、行政管理职能的权力。由于权力具有强制性、扩张性等特质,同时为因应经济发展、社会转型和对外合作等新情势,警察权获得了相应的扩张。警察权与公民权之间并非简单的对立关系,警察权的扩张可以也应该为公民权利提供更好的服务、保障,为此,应当在授权原则、比例原则、公共原则、监督原则、制衡原则、责任原则等控权性原则的指导下实现警察权行使的法治化。开枪权作为警察权中最具代表性和争议性的权力,在实践中存在失灵、失当的问题,应当从完善立法、加强教育、注重培训、强化制约等方面进行规范。
Police power is the power given by the state to the public security organ to perform its criminal investigation and administrative functions. Due to its mandatory and expansive power, the police power has been expanded correspondingly to respond to new situations such as economic development, social transformation and foreign cooperation. The relationship between police power and civil rights is not a simple antagonistic relationship. The expansion of police power can and should provide better service and protection for civil rights. Therefore, the principle of empowerment, proportionality, publicity, supervision, checks and balances, The principle of responsibility and other control principles under the guidance of the realization of the police power of the rule of law. As the most representative and controversial power in the police power, the gunshot right has problems of failure and misconduct in practice. It should regulate such aspects as improving legislation, strengthening education, focusing on training, and strengthening restraint.