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警察行政协助是行政协助的一种,是一种具体化的行政协助行为,不过其也有自身特有的性质,那就是行为的强制性,这也是由警察行政权的特殊性决定的。我国警察的行政协助行为产生的原因多种多样,其依据的法律和期望达到的目标也不相同,这给警察进行协助带来很多问题。此外,关于警察行政协助行为的法律性质、主体关系、是否具有可诉性也存在争议。对此,通过确立警察行政协助的统一立法、限制警察行政协助的适用范围、规范警察行政协助的程序事项、完善警察行政协助的责任和救济等途径来解决警察协助行为的合法性和合理性问题,最大程度发挥警察协助行为的作用。
The police administrative assistance is a form of administrative assistance and an actual act of administrative assistance. However, it also has its own peculiar nature, that is, the compulsion of conduct and this is also determined by the particularity of the police administrative power. The reasons for the administrative assistance of our police are manifold and their laws and expectations are not the same. This has brought many problems to the police for their assistance. In addition, there is controversy over the legal nature of the administrative act of police assistance, the relationship between the parties and the suitability of the administrative act. In this regard, the legitimacy and rationality of the police assistance act are resolved through the establishment of uniform legislation on police administrative assistance, the limitation of the scope of application of police administrative assistance, the standardization of procedures for police administrative assistance, and the improvement of the responsibility and relief of police administrative assistance , To maximize the role of police assistance behavior.