摘要
现行法律中,对于公安民警作为回避对象的规定还不够完善。公安机关负责人概念的外延不清,法制审核人员不属于回避对象等问题亟待规范。建议通过修订部门规章的形式,明确公安机关负责人的范围,将参与案件审核的法制审核人员纳入回避对象的范围。使之做到有法可依,更好地指导警务实践。
In the existing laws,provisions for the policemen as the object of application for withdrawal need to be improved.The extension of the concept of the police principals is ambiguous and the staff responsible for examining legal affairs are not part of the object of application for withdrawal,which needs to be regulated.The article suggests that the police principals' responsibilities should be explicit and the staff responsible for examining legal affairs be included as a part of the object of application for withdrawal so that the legal affairs can be handled on the basis of laws and the policing practice can be better instructed.
关键词
回避对象
公安机关负责人
侦查人员
法制审核人员
the object of application for withdrawal
police principals
investigator
staff responsible for examining legal affairs