论警察权力和公民权利的平衡——以比例原则和法律保留原则为视角

警察权力是为公民权利而设,警察权力行使的滥用或不力,都不利于保障公民权利,从比例原则角度讲,警察权应依比例行使,行使权力谋求的目的与对公民权利的影响应当成比例、相适应,包括刑事侦查权、行政调查权、检查权和枪支使用权都应按照各自的比例原则要求行使.从法律保留原则角度讲,凡限制公民人身自由权利的强制措施和处罚均应以法律来规定.目前,法律规定过于笼统,缺乏具体化、个别化规定,还存在以行政规章规定上述事项的现象.面对法律的完善和政府职能及责任的逐渐规范,应强化警察权在日常警务活动中的依法行使,并保证政府为应对突发性事件、灾害性事件、影响重大公共安全利益事件发挥警察权的能动作用.

On Balance Between Power of Police and Rights of Citizen--From Proportion Principle and Remaining Law Principle

Police power was established for the right of citizen, either using right indiscriminately or unfavorable to protect citizen's right. From proportion principle, the power of police should put into practice by proportion , the aim of using power and effect of the right of citizen should using by proportion , being suitable, including right of investigation , administrative investigation, checking and using guns, all these should be put into practice by the principle of proportion. From remaining law principle, compulsive measure which limits free personal right and punishment are all ruled by law. At present, the legal regulations are too general, inaccurate, separately regulated, still existing problems as ruling these problems with administrative regulations. Facing to trend of perfecting law system and performing responsibility, it should enhance the power of police in daily work by legal way, guaranteeing activity of police in dealing abruptional accident and accident which affect the public security.