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如何协调公安机关与相对人的关系,使公安机关既能依法行政维护公共秩序,又能切实保障相对方的权利,成为法治公安的必然要求和急需破解难题。而随着执法相对人及公众参与意识增强,公民参与公安执法成为新的制度价值追求和民主判断标准,逐渐显现出公安执法法制民主化发展趋向。也正因为参与式公安执法能够提升执法活动的公开性与公正性,能够体现互动、协调、对话、共建等现代行政方式的法治价值,能够提高公安机关执法的民主性和效率性,所以我们必须发挥正当程序的优势,维护公安执法过程中相对人和公众的参与权。
How to coordinate the relationship between the public security organs and the relatives so that the public security organs can not only safeguard public order in accordance with the law but also effectively protect the rights of the other party become the inevitable requirement of the public security by law and the urgent need to solve the problem. However, as the relatives of law enforcement and public participation increase their awareness, citizen participation in public security enforcement becomes the new standard of system value pursuit and democratic judgment, gradually showing the development tendency of democratization of law enforcement by law. It is also because participatory public security law enforcement can enhance the openness and fairness of law enforcement activities and reflect the value of the rule of law in modern administrative modes of interaction, coordination, dialogue and co-building so as to enhance the democracy and efficiency of law enforcement in public security agencies. Therefore, we We must give full play to the advantages of due process and safeguard the right of participation of the relatives and the public during the process of law enforcement by public security.