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警察行政权是警察权力的重要组成部分,它在维护公民合法权益,维持社会秩序方面发挥着不可替代的作用。然而,由于与一般行政权不同,警察行政权具有管辖内容及涉及面颇为宽广、以命令性行政行为为主、在行使中几乎不受其它公权力之制约、处罚权过于强大等特点,再加之警察法制不健全,监督不到位,警察人员素质不高等原因,使得中国警察行政权在运行过程还不尽人意,违法行政,侵犯公民权利的行为时有发生,甚至发生一些群体性事件。鉴于此,笔者以中国警察行政权的运行特点入手,探究其产生的原因,从而构建一种有利于限制和规范警察行政权、有利于保护公民权利的新型警察行政权运行机制。
Police administrative power is an important part of police power. It plays an irreplaceable role in safeguarding the legitimate rights and interests of citizens and maintaining social order. However, unlike the general executive power, the police administrative power has the characteristics of jurisdictional jurisdiction and wide coverage, mainly of the orderly administrative act, almost no restriction by other public power in exercise, and the power of punishment is too strong Coupled with the police legal system is not perfect, supervision is not in place, the quality of police officers is not high, making the Chinese police administrative power in the operation process is not satisfactory, illegal administration, violations of civil rights behavior occurred, and even some mass incidents. In view of this, the author starts with the operational characteristics of China’s police administrative power and explores its causes, so as to construct a new type of police administrative power operating mechanism that is conducive to limiting and standardizing police administrative power and protecting civil rights.