对公安行政执法责任的思考

公安行政执法的主要目标是使每一个公民的合法权益在法律规定的范围内免受不正当侵害。而由于公安机关性质的特殊性所引起的行政违法和行政不当现象在现实中屡禁不止,因此在扩展公安权力和自由裁量权的同时,必须充分考虑其执法权力与责任的一致性和相当性。我们在对公安行政执法责任进行理性分析的同时,应积极探寻落实这一责任的可行路径,以保证我国的公安执法在法治的轨道上运行。

To Rationally and Realistically Ponder over the Responsibility of the Public Security Administrative Enforcement of Law

The main purpose of the public security administrative enforcement of law is to prevent any citizens from unfair injuries within the limit of enforced laws. However, administrative malfeasances and improper administrative activities can always be traced in the process of the publich security administrative enforcement of law. Therefore, while the power and the right of discretion are expanded for public security officers, their responsibility of the enforcement of law should also be set to be equal with their power. This article rationally and realistically analyzes the responsibility of the public security administrative enforcement of law with a view to making sure that such enforcement of law in China operates legally.