试论警察执法的道德制约

警察在执法活动中存在着大量的有法不依、执法不公、执法犯法、执法权力滥用和执法腐败等现象,引发人们对警察执法的极大关注.这不仅对警民关系的健康发展造成灾难性的影响,而且还引发了人们对警察的信任危机和对法律的信仰危机.因此,必须加强对警察执法的约束.法律控制和道德约束是保证警察依法执法和公正执法的两个重要维度.就伦理维度而言,我们可以通过注重警察个体道德修养、加强警察伦理制度建设、改革警察道德教育模式、完善警察道德评价机制、实行警察道德激励机制、健全警察道德监督机制、优化警察执法道德环境等途径,来实现对警察执法的道德制约.

On the Moral Restraint of Police Law-enforcement

Such phenomena as denial of law,unjust enforcement of law,violating law in law-enforcement,abuse of law-enforcement right as well as corruption in law-enforcement massively exist in the activities of law enforcement,which has caused people's close attention to the police law-enforcement.It will not only have a disastrous influence on the health development of the relationship between police and people but also result in people's belief crisis of police and law. Therefore,the control of police law-enforcement must be strengthened.Legal and moral control are two important means to ensure police law-based and just lawenforcement.As far as the ethical means is concerned,we can realize the moral restrain of police law-enforcement through attaching importance to the moral self-cultivation of individual police,strengthening the construction of police ethical system,reforming the model of police morality education,perfecting the mechanism of police morality evaluation,implementing the stimulation mechanism of police morality,improving supervision mechanism of police morality as well as optimizing the ethical circumstance of police law-enforcement.