警察行政自由裁量权之我见

在行政法学理论研究中,自由裁量权始终是一个热门论题,尤其是警察行政自由裁量权。一方面,权力不断扩张,警察基于种种原因不当行使自由裁量权,由此产生极为恶劣的社会影响,影响了警察机关的公信力;另一方面又存在因过分强调限制自由裁量权,致使一些警察机关行使职权时畏首畏尾,影响了执法权威性和管理效率。无论哪种情况都不利于法治和和谐社会的建设,为此,我们既要认识自由裁量权存在的正当合理性及对于警察行政管理的重要意义,又要清楚地意识到自由裁量权＂双刃剑＂的本质,作为权力同样有被滥用的可能,因而必须加以合理的控制。

My view on the Police Administrative Discretion Right

In the research of the morden administrative jurisprudence, the discretion right is a popular thesis from beginging to end, especially the police administrative discretion right. One hand, the right expands unceasingly. Based on various reasons police exercise the discretion right unsuitably, consequently, very bad social influence has been produced, especially to the public confidence of the police organs; on the other hand, overemphasizing the limit to the discretion right has misgived some po- lice organs when they execute the right, it affect the authority of the law enforcement and the management efficiency inevitably. No matter which will not benefit construction of the law and harmonious society. Therefore, we should realize clearly both the rationality of existence of the discretion right and it＇s essence as a＂double-edged sword＂. Despite of it＇s important sigrfificance to the police administrative management, the discretion right is likely to be abused easily. Thus, it must be controlled reasonably.