自由权的软化与警察权的强化——反恐框架下西方各国警察权配置的新趋势

9·11事件后 ,西方各国反恐法律纷纷强化了警察权 ,其主要体现为以下几个方面 :软化司法令状的限制 ;延长对犯罪嫌疑人的拘留时限 ;增进部门间的情报披露 ;扩大警方的搜查、逮捕、窃听权 ;设立未经审判的无限拘留权。其总体特征表现为公民自由权利的软化与政府警察权的强化。

Intenerating Citizen Liberty and Strengthening Police Power --New Tendency of Police Power''''s Disposition in Western Countries under the Framework of Anti - terrorism

After the “9-11 Attack”, the western countries have amended their anti-terrorism laws in order to strengthen their police power as the following: intenerating the restrict of judicial writs; extending the time limit of detention; enhancing the disclosure of information between different departments; expanding the police power of searching, arresting and wiretapping, as well as setting up infinite detention to terrorists before being sentenced by the court. Wholly, the characters of these anti-terrorism laws reflect the softening citizen liberty and consolidation of police power by the governments.