试论民主、民权观念在近代中国警察领域的实践

清末以后以秩序为目的、民众的权利自由为手段的"纯秩序化"的中国传统警察开始向法治化的近代警察转变,近代中国警政呈现一些直接的具体的民主、民权表征:一是清末以后的历届政府在制定警察法规时,莫不以承认民权为前提,警察法规不过是为其实施划定界限;二是警察执法实践层面已呈现尊重人权倾向;三是警察内部呈现出民主管理的倾向.

On the Practice of Democracy and Civil Rights in the Domain of Police in Modern China

After the latter stage of Qing Dynasty, "pure order"-oriented traditional Chinese police system which regarded order as the objective and people's freedom of right as administrative measures has changed into the modern police system ruled by law. The modern China's police policy presents some characteristics of direct concrete democracy and civil rights: First, the regulations of police made by all the previous governments after the latter stage of Qing Dynasty were based on the acknowledgement of civil rights and were just for the delimitation of their further execution. Second, police law-enforcement practice has showed the inclination of respecting human rights. Third, the inclination of democratic management appears within the police system.