适度扩大警察职权 构建行政管束制度——从“疯裸女久卧街头无人问津”谈起

女精神病人久卧街头,警察拒绝救助引发争议。根据《人民警察法》,公安机关有协助救助的义务;依照《城市生活无着的流浪乞讨人员救助管理办法》,对于城市流浪乞讨人员,公安机关不能再强制收容遣送。由于缺乏法律依据,没有行政管束权力,警察无法发挥协助救助的作用。警务实践已经突破警察法建立的框架,迫使我们增加适应社会需要的新的法律规范,适度地扩大警察职权,构建行政管束制度。

Properly enlarging the police power and constructing the system of administrative control——on the case in which“nobody rescued an insane woman lying naked in the street for long”

The case that an insane woman had been lying naked in the street for long while the police had been reluctant to rescue has aroused an argument as to the police responsibilities.According to The Law of the People's Police,it is the obligation of the police to assist the rescue work.But in the light of the new rescue regulation,the police can no longer force beggars into rescue stations.Being lack of administrative power of control prevents the po- lice from effectively exercising their functions.The practice of the police work has outgrown the frame of the police law,so it is imperative to properly enlarge the police power by constructing the system of administrative control.