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警察行使行政权究竟与正当法律程序有什么关系,警察又该如何将正当法律程序运用到工作中这是我们要讨论的问题。这不仅仅是对于公权力的限制与监督更是宪法与历史的选择,现在中国的警察队伍不断壮大,制度不断的完善,但是落实和践行正当法律制度还有很多不完善的地方。本文主要从三个方面进行这阐述,第一方面主要是介绍正当法律程序如何在历史演进中与行政权力相结合;第二个方面介绍为什么警察的行政权需要遵守正当的法律程序;第三个方面主要介绍正当法律程序运用下警察行政权行使的优势与没有采取正当法律程序下中国警察队伍中存在的问题。
What is the relationship between the exercise of executive power by the police and due process of law and how the police should apply due process of law to work? This is the issue we are going to discuss. This is not only a matter of constitutional and historical choice but also the restriction and supervision of public power. Now that the police force in China has grown continuously and the system has been perfected continuously, there are still many imperfections in implementing and practicing due legal systems. This article mainly elaborates from three aspects. The first one is mainly about how the due process of law is combined with administrative power in the historical evolution. The second one is about why the police’s administrative power needs to abide by due process of law. The third one This section mainly introduces the advantages of using the executive power of the police under the proper legal procedure and the problems existing in the Chinese police force without due process of law.