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17 March
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传阅:权力短暂,天道永恒

天则经济研究所所长 盛洪

据传媒,中国公安部发布了《公安机关维护民警执法权威工作规定》(后简称《规定》)。其中包含了“民警按照法定条件和程序履行职责、行使职权,对公民、法人或者其他组织合法权益造成损害的,民警个人不承担法律责任,由其所属公安机关按照国家有关规定对造成的损害给予补偿”的内容。这一内容扩大了公安机关及其人员的权力,而减少和侵夺了公民的权利。根据中国《立法法》第八十二条规定,“没有法律或者国务院的行政法规、决定、命令的依据,部门规章不得设定减损公民、法人和其他组织权利或者增加其义务的规范,不得增加本部门的权力或者减少本部门的法定职责”,中国公安部此举显然是一个僭越立法权的自我授权之举。

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