协警执法问题研究

社会对安全的迫切需求以及警力不足的现状赋予了协警清而不退的现实合理性。对协警执法权的质疑不在于法理逻辑推理上是否有法律授权,而在于协警是否能够胜任其工作的现实担心。协警参与广义的执法活动是社会安全需求与执法规范化要求比较下的次优选择。协警属于市场化管理的全日制公安从业人员。滥权风险相对较高。实践中协警“辅助执法”规则是公安机关在管理技术上对协警滥权风险的应对,法律性质属于行政规则。

On the Enforcement of Auxiliary police

The urgent need for security of society as well as the lack of police has proven the rationality of reality that Auxiliary police are still working although they were wanted to dismiss. The doubt about the Enforcement powers of Auxiliary police is not whether there is legal logic authority, but whether it is adequate for its work. Auxiliary police involved in law enforcement is the standardization of social security and law enforcement as compared with the second - best choice, The Law of Police not mean identity constraints. Auxiliary police are market-oriented management of full-time police employees, relatively high risk of abuse of power, the rule that the Auxiliary police can＇ t finish enforcement alone is a management to limit the risk of abusing of power. The legal nature of the rule is administrative hales.