英美法警察自由裁量权的发展

警察自由裁量权是现代社会中行政裁量权实施的重要方式,也是警察职能行使之必需。英美法警察自由裁量权经历了从禁忌话语到被承认的过程。在被确认为一种实质性权力之后,围绕其行使标准的合理性,学界和实务界就典型个案进行了一系列探讨,这些探讨将判断裁量合理性的"好意原则"进一步细化。目前,英美法警察裁量权主要适用于家庭暴力、交通违章、仇视性犯罪、强制力运用和反道德犯罪等领域。如何在既定领域中正确行使自由裁量权,是未来亟需解决的问题。

On the Development of Police's Diseretionary Power in Common Law System

Police＇s diseretionary power is an important way to implement the administrative discretion in mordern society,as well as a necessity to play the police＇s function.In common law system,it had been regarded as a taboo and later was accepted.After that,a probe had been taken into its reasonable standard and a further refinement was brought out to judge the good-will principle.Currently,it is mainly applied in family violence,traffic violations,hatred-related crime,use of the compelling force and anti-morality crime.As to how to implement the diseretionary power in some certain field,it is still a problem.