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我国公安机关具有治安管理权和刑事侦查权两项职权。对于治安管理权的行政权属性从不会引起异议,但是刑事侦查权是行政权权还是司法权的问题一直在理论与实务界持续争论。这种理论上的不统一势必影响到公安工作以及警民关系的和谐顺畅。我们从宪政角度和我国现行宪法的权力结构层面剖析警察权的实质,得出警察权是行政权的本质属性。并以此为基础,认为警察法学不能成为独立的部门法学。
The public security organs in our country have the two powers of public security and criminal investigation. There is no objection to administrative power property of law and order administration, but the issue of criminal investigation right is administrative power or judicial power has been debated theoretically and practically. This theoretical unification will inevitably affect the work of public security and the harmony between the police and the people. From the perspective of constitutional government and the power structure of our current constitution, we analyze the essence of police power and conclude that police power is the essential attribute of administrative power. And based on this, we think that police law can not become an independent department law.