论文部分内容阅读
比例原则是控制警察执法中裁量权行使的基本原则,它使警察执法从形式法治走向了实质法治。比例原则的基本含义学界基本认识一致,比例原则在我国警察法上经历了三个发展阶段。在警察立法、执法、行政复议和行政诉讼等警察法律实施的各个环节对比例原则加以运用,将对我国警察法律制度的完善和警察裁量权的规范行使大有裨益。
The principle of proportionality is the basic principle that controls the exercise of discretion in police law enforcement. It makes police law enforcement move from the rule of law to the rule of law. The basic meaning of the principle of proportion The basic understanding of the academic community, the principle of proportion in our country has gone through three stages of development of police law. The application of the principle of proportionality in all aspects of police law enforcement such as police legislation, law enforcement, administrative reconsideration and administrative litigation will be of great help to the improvement of our police legal system and the standardization of police discretion.