我国警察执法权力与权威失衡原因探析

警察权是国家权力的重要组成;警察职权在现代法治社会中扮演着举足轻重的角色。现实中,我国警察执法权力与权威失衡的现象日益凸显,其原因是多层次、多方面的。对其原因进行不同层次的探究是更为有效应对此种现象的必要前提。刑事立法上要扩大正当防卫权的范围与设立袭警罪;行政法规立法方面的完善是应对我国警察遇害比率过高问题的法律出路;警察执法现状反映出警察执法能力方面的不足;各种社会思潮也在推波助澜。

A Probe into the Imbalance between Police Enforcement Power and Authority

Police power is an improtant component of state power and plays a pivotal role in the modern society ruled by law.In reality, the imbalance between police enforcement power and authority has become increasingly prominent in China for multi-level and various reasons, Exploring these reasons from different levels is a necessary prerequisite for coping with this phenomenon. In criminal legislation, the scope of self-defense should lie expanded and crime of assaulting police should be established; the perfection of administration laws and regulations is way out for the high rate of assaulted police;the current status of police enforcement has reflected the inadequate capabilities of the police troops and these problems are fueled by various social ideological trends.