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人民警察的留置盘问权,简称留置权,是指公安机关的人民警察在对违法犯罪嫌疑人进行当场盘问、检查后,认为符合法定情形,将违法犯罪嫌疑人带至公安机关加以扣留并继续进行盘问的法定职权。它是《中华人民共和国人民警察法》(以下简称《警察法》)赋予公安机关的一种权力,它对于公安机关增加同违法犯罪分子作斗争的手段,更好地履行维护社会治安的职责具有重要的意义,被广泛运用于公安执法实践。然而,由于现行法律、法规对留置盘问权定性模糊或不准,约束不力,使得留置盘问权达到被滥用的程度:在治安案件中,留置盘问与传唤重叠使用;在刑事案件中,它不仅逐步取代了拘传,而且常被作为拘留的前置措施,即首先将犯罪嫌疑人留置48小时,之后再决定是否进一步采取拘留措施,极易异化侵犯公民人身自由的借口。因此,正确定位、理解、适用留置盘问权已是当务之急,也是本文的宗旨所在。
The People’s Police’s lien interrogation, referred to as lien, means that the people’s police of the public security organ conduct cross-examination on the spot of the criminal suspects. After they are checked, they think they are in line with the statutory circumstances and they will bring the criminal suspects to the public security organ for detainment and continue Interrogation of the statutory authority. It is a power granted by the People’s Police Law of the People’s Republic of China (hereinafter referred to as the “Police Law”) to the public security organs. It is a measure for public security organs to increase their means of fighting criminal criminals and to better perform their duties of safeguarding public order Important meaning, is widely used in public security law enforcement practice. However, due to the current laws and regulations, the right of indwelling discourse is blurred or inaccurate, which makes the indwelling discourse abuse to the extent of being abused: in public security cases, indwelling interrogation is overlapped with summoning; in criminal cases, it not only gradually Replaced custodial custody, and was often used as a precursor to detention by first placing the suspect in a 48-hour period before deciding whether to take further detention or alienating easily the excuse violating the personal liberty of citizens. Therefore, the correct positioning, understanding, application of interrogation has become a top priority, but also the purpose of this article.