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处于行政权谱系的交通警察权与其他行政权的关系主要表现为职务协助,该定位不仅可为相关规章内容不统一问题提供正当性注解,而且基于法规范与法事实的错位以及城市治理的合作化诉求,也有其存在的正当性基础。两者职务协助关系应在双重维度下展开:交通警察的协助行为应具备基础性条件、职权性要求、被动性情势、裁量性过程4要件;而其他行政主体协助行为的“基础性条件”应更为宽泛。对协助请求遭拒与协助行为责任承担,应规定不同的救济路径。
The relationship between traffic police power and other administrative powers in the spectrum of administrative power is mainly manifested by job assistance. This position not only provides justification for the problem of nonunification of the relevant regulations, but also based on the fact that the law and practice are misplaced and the cooperation of urban governance Aspiration, there is also the justification of its existence. The relationship between the two should be carried out in a dual dimension: the assistance of the traffic police should have the basic conditions, the authority requirements, the passive situation and the discretionary process 4 elements; and other administrative bodies to assist behavior Should be more general. For assistance requests denied and assistance to bear the responsibility of the act, should provide for different relief path.