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警察辅助制度的推广带来了巨大的制度效益,但是由于对这一制度的法律规范不健全,也带来了诸多争议。警察辅助人员是否有权粘贴“违法停车告知单”乃是这一制度中饱受争议的一点。“违法停车告知单”不仅是一种告知制度,还包含了对违法行为确认的前提预设;由于这种确认行为会直接带来行政处罚的法律后果,它的实施主体必须是行政人。交通警察是确认违法事实的职权行政人,警辅人员必须成为授权行政人才有权确认违法事实;应警惕行政机关或交警个人暗自将自身权责转移给警辅人员,因此必须对警辅人员的权责进行严格而详细的限制。
The promotion of the police assistance system has brought tremendous institutional benefits, but due to the imperfect legal norms of this system, many controversies have also arisen. It is a controversial point in this system whether police support staff have the right to paste “Illegal Parking Notices.” “Illegal parking notice” is not only a notification system, but also contains a precondition for the confirmation of violations; because this confirmation will directly lead to the legal consequences of administrative penalties, its implementation must be the chief executive . Traffic police is to confirm the fact that the illegality of administrative staff, police personnel must be authorized administrative staff have the right to confirm the fact that illegal; should be vigilant to the executive authorities or traffic police secretly secretly transferred their own powers and responsibilities to police officers, and therefore must police officers and men Power and responsibility for strict and detailed restrictions.