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公安行政强制对最终实现法律所预期的行政状态发挥着重要作用,但其行使不当极易造成对人权的侵犯,为保障宪法基本权利及自由的实现,公安行政强制必须受到严格的控制。文章在重申强制是法的重要属性的基础上,从权力与权利的平衡、自由与秩序的互相妥协、公共利益与个体利益的协调三个角度探讨了公安行政强制的法理基础,以论证其正当性,并满足用理论来指导实践的需要。
Public security administrative compulsion plays an important role in the ultimate realization of the administrative status expected by the law. However, its improper exercise can easily infringe upon human rights. To ensure the realization of the fundamental rights and freedoms of the Constitution, public security administrative compulsory measures must be strictly controlled. On the basis of reiterating that coercion is an important attribute of law, this essay discusses the compulsory jurisprudence of public security administration from the perspectives of the balance of power and rights, the compromise between freedom and order, and the coordination between public interest and individual interest, so as to demonstrate its justification And to meet the needs of the theory to guide practice.