警察执法责任制度研究

发布时间：2018-05-20 02:20

本文选题：警察执法责任 + 警察执法责任制度　；参考：《山东大学》2009年硕士论文

【摘要】： 本文通过理论分析的方法,首先在阐明责任、法律责任和行政责任三个上位概念的基础上,指出警察执法责任是指公安机关及其人民警察在执法过程中,由于行政违法、行政不当,侵犯警察管理相对人的合法权益或者损害国家和社会公共利益所应当承担的法律责任,进而讨论了警察执法责任的构成、类型和意义。在阐明警察执法责任概念和意义的基础上,本文详尽地考察了我国香港的警察执法责任制度和美国、英国与法国等欧美主要国家警察的执法监督机制,发现和借鉴这些国家和地区警察执法责任制度的优点和经验及其启示,进而考证了我国警察执法责任制度的法律基础和警察执法责任的内容等现状,指出我国规定警察执法责任的法律法规太少并且层次较低,追究警察执法责任的程序不规范,追究警察执法责任的过程和结果不公开等警察执法责任制度存在的问题。最后建议通过理念更新来完善警察执法责任制度,通过改革警察管理体制,加强警察执法监督,严格追究违法警察的执法责任,推行警察执法责任制来改革和完善我国警察执法责任的追究机制,实现以责限权,追求警察执法的权责一致。
[Abstract]:Through the method of theoretical analysis, first of all, on the basis of clarifying the three upper concepts of responsibility, legal responsibility and administrative responsibility, this paper points out that the responsibility of police law enforcement refers to that the public security organ and its people's police break the law because of administrative violation in the course of law enforcement. Improper administration infringes on the legitimate rights and interests of the relative party or damages the public interests of the state and society. The composition, types and significance of the law enforcement responsibility of the police are discussed. On the basis of expounding the concept and significance of police law enforcement responsibility, this paper makes a detailed study of the police law enforcement responsibility system in Hong Kong and the police law enforcement and supervision mechanisms of the major European and American countries, such as the United States, the United Kingdom and France, etc. Find and draw lessons from the advantages, experiences and enlightenment of the police law enforcement responsibility system of these countries and regions, and then verify the present situation of the legal basis of the police law enforcement responsibility system and the content of the police law enforcement responsibility in our country. It is pointed out that there are too few and low levels of laws and regulations for police law enforcement responsibility in our country, the procedure of investigating police law enforcement responsibility is not standardized, the process and result of investigating police law enforcement responsibility are not open, and so on, such as the problems existing in the police law enforcement responsibility system. Finally, it is suggested that the system of police law enforcement responsibility should be improved through the renewal of concepts, the police management system should be reformed, police law enforcement supervision should be strengthened, and the law enforcement responsibilities of illegal police should be strictly investigated. To carry out the police law enforcement responsibility system to reform and perfect the investigation mechanism of our country's police law enforcement responsibility, to realize the limitation of responsibility and to pursue the consistency of the power and responsibility of the police law enforcement.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D631.1

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