论警察权的私权基础

传统警察法多从公法角度研究警察权问题,鲜有人从私法角度进行深入思考.事实上,警察权有着深厚的私法和私权基础.循着公私法划分的起源和发展,我们能够找到原始的公权力与私法的关系.从警察权的本原上,我们可以进一步厘清警察权的公权力属性,并进而寻找到警察权的私权基础.警察消极行政作用的强化和警察比例原则的普适化是警察权私权基础的集中反映.

The Private Right Basis of Police Right

The traditional studies on police right were in the approach of public law and not in the private law angle.In fact,police right has deeply based on the private law and the private right.Following the origin and development of the classification of public law and private law,we are able to find some relations between primitive public authority and the private law.We can clean up the public authority nature of the police right,and look for the private right basis of police right from the origin of police rig...