【摘要】：路檢盤查是落實警察職責(zé)的手段之一,其對象是行人和車輛,大致可分為身份查驗、交通糾違和禁品搜剿三個類型。它既有預(yù)防危險的行政性質(zhì),又具事后追究的司法屬性。路檢盤查隨時可以衍生搜查、檢查、扣押、留置乃至拘留。路檢盤查的實施依據(jù)應(yīng)遵循法保留原則,實施手段應(yīng)受制于比例原則。在警務(wù)實踐中,路檢盤查啟動頻繁、手段多樣,而法律授權(quán)基礎(chǔ)卻空乏破碎,需要借鑒域外經(jīng)驗,從實體和程序兩方面進行規(guī)制與監(jiān)督,也就是解決"為何查、查什么、如何查"的問題。路檢盤查的實施根據(jù)是"有嫌疑",而程序監(jiān)督的核心內(nèi)容就是如何檢驗是否真"有嫌疑"。
[Abstract]:Road inspection and inspection is one of the means to carry out the duties of the police. It is aimed at pedestrians and vehicles and can be divided into three types: identification, traffic correction and forbidding search and suppression. It not only has the administrative nature of preventing danger, but also has the judicial attribute of investigating afterwards. Road check and check can be generated at any time search, inspection, seizure, detention and even detention. The implementation of road inspection and inspection should follow the principle of legal reservation, and the means of implementation should be subject to the principle of proportionality. In the practice of police affairs, the road check and check is started frequently, the means are various, but the legal authorization foundation is empty and broken, so we need to draw lessons from the outside experience, regulate and supervise from both the entity and the procedure, that is to say, to solve the problem of "why to check, what to look up," The question of how to investigate. The implementation of road inspection and inspection is based on "suspicion", and the core content of procedure supervision is how to check whether "suspect" is true.
【作者單位】： 中國社會科學(xué)院法學(xué)研究所;
【分類號】：D925.2
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本文編號：2131570