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现代行政关系从结构上和功能上都分成行政执法和监督两大部类。围绕二者的相互关系,在行政法学领域形成了三种具有代表性的理论。平衡理论的核心就是寻求行政权力与行政控制的平衡。警务督察制度的建立,体现了平衡理论的精神:既要“控权”,即依法对各级公安机关及其人民警察行使职权、执行法律、遵守纪律的情况进行督察,防止公安行政和司法权力的滥用和腐败,维护行政相对人和犯罪嫌疑人的合法权益;又要“保权”,即保障人民警察依法履行职责,维护民警的合法权益,保证公安工作效率。在督察行政关系中,督察者与被督察者的权力义务是不对等的,但这种不对等性也可以通过建立健全各种平衡机制来消除。当前最为迫切的是:制订督察程序法规;以法律的形式规范督察手段;设立复议、申诉等各种救济渠道。
Modern administrative relations are divided into two major categories: administrative law enforcement and supervision both structurally and functionally. Around the mutual relationship between the two, in the field of administrative law formed three representative theories. The essence of the theory of balance is to seek a balance between administrative power and administrative control. The establishment of the system of police inspectors embodies the spirit of the balanced theory: it is necessary to “control the power”, that is, to supervise the public security organs at all levels and their people’s police powers in accordance with the law, enforce the law and observe discipline, and prevent public security administration and the judiciary The abuse of power and corruption, safeguarding the legitimate rights and interests of the people who oppose the administration and the suspects; and “protecting the rights”, that is, protecting the people’s police to perform their duties according to law, safeguarding the legitimate rights and interests of civilian police and ensuring the efficiency of public security work. In the relationship between the inspectors and the inspectors, the powers and duties of the inspectors and the inspectors are not equal, but such inequalities can also be eliminated by establishing and improving various balance mechanisms. At present, the most pressing issues are: formulating rules and procedures for inspectors; regulating inspectors in the form of laws; and setting up various remedial channels for reconsideration and appeal.