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现有治安辅助权主要有扭送权、盘查权和制止现行违法犯罪行为权。虽然这些权力规定有着立法和理论的依据,但在权力行使的程序和相关法律责任方面还是空白。治安辅助权规定的完善需要处理好功能愿望和权利保障二者之间的关系,在不损害合法权益的基础上,通过程序规定和责任制度的控制,使治安辅助力量的功能期待得到满足。
The existing law and order ancillary rights mainly twisting right, the right to examine and stop the current illegal criminal activities. Although these power provisions have the basis of legislation and theory, they are still blank in the procedures of the exercise of power and the related legal responsibilities. The improvement of law and order auxiliary right needs to deal with the relationship between functional desire and right guarantee, and make the functional expectation of law and order auxiliary force satisfied through the control of procedural rules and responsibility system without prejudice to lawful rights and interests.