我国袭警案件的防控对策研究

发布时间：2018-05-30 16:42

本文选题：袭警案件 + 警察权益　；参考：《山东大学》2010年硕士论文

【摘要】：近年来,我国民警在执法过程中遭受不法侵害的事件日益频繁,民警被谩骂、围攻、诬告陷害甚至袭击的案件在各地时有发生。袭警案件频发,不仅是对警察权威的挑战,更是对整个国家的法律权威的挑战,影响了警察执法积极性,弱化了执法效果,大大降低公众安全感,助长了违法犯罪分子的嚣张气焰,起着极为恶劣的犯罪示范作用,对现行法律制度框架形成了强大的冲击,进而影响整个社会的发展和稳定。研究袭警案件的防范对策,要在从考察我国袭警案件频发的现状、危害入手,在此基础上,对我国现有袭警案件的防控对策并对其效果进行评析。目前,我国对警察执法的保护没有根据警察职业特点形成完整的立法体系,立法严重滞后。从警察权益保障上看,缺乏规范、系统、科学的维权制度,警察机构缺乏维权措施。从社会层面上看,公民法律意识淡薄,舆论导向缺少对警察执法权威的宣传。从警务保障上看,警力严重不足,警用装备配备不到位,警察警械装备不良,民警警务实战能力存在差距,自我防护意识差。考察他国,特别是发达国家和地区袭警案件情况及其防控对策,对我国袭警案件的对策构建具有重要的借鉴价值。发达国家在袭警案件防控上拥有良好的法律保障、制度保障、社会保障和警务保障等特点,对我国具有重要的启示。针对我国现有袭警案件防控对策的不足,借鉴他国特别是发达国家的作法,立足于我国的现实,就我国袭警案件的防控对策提出如下建议：其一,健全法律法规,明确袭警行为的界定和处罚,对警察强制权进行完善,赋予执法警察强力自卫权；其二,建立独立的维权机构来维护警察权益,警察机构内部建立快速反应机制；其三,加强社会宣传和法制教育的力度,为警察执法营造良好氛围,增强社会各界对警察执法工作的客观公正的认识；其四,警务保障上,合理、科学配置警力,改善警用装备,强化警察执法素质和执法活动效能的训练,提高警察的自我防护意识。
[Abstract]:In recent years, the police in our country in the law enforcement process by illegal violations of the increasingly frequent, the police were abused, besieged, framed and even attacked cases occurred from time to time in all parts of the country. The frequent occurrence of attacks on police is not only a challenge to the authority of the police, but also a challenge to the legal authority of the whole country. It affects the initiative of the police in enforcing the law, weakens the effectiveness of the law enforcement, and greatly reduces the sense of public security. It encourages the arrogance of criminals, plays an extremely bad role in crime demonstration, has a strong impact on the current legal system, and then affects the development and stability of the whole society. In order to study the preventive countermeasures of attacking police cases, we should start with the investigation of the current situation and harm of the frequent attacks on police cases in our country, on the basis of which, the countermeasures of prevention and control of the cases of attacking police officers in our country should be evaluated and evaluated. At present, the protection of police law enforcement in our country has not formed a complete legislative system according to the professional characteristics of the police, and the legislation has lagged behind seriously. From the point of view of the protection of police rights and interests, there is a lack of normative, systematic and scientific protection system, and the police institutions lack of measures to safeguard their rights. From the social level, the citizen's legal consciousness is weak, the public opinion guidance lacks the propaganda to the police law enforcement authority. From the police security point of view, the police force is seriously inadequate, police equipment is not in place, police equipment is not good, the police actual combat ability exists disparity, the self-protection consciousness is poor. The investigation of other countries, especially in developed countries and regions, as well as its prevention and control measures, has important reference value for the construction of countermeasures of attacking police cases in our country. The developed countries have good legal guarantee, system guarantee, social security and police security on the prevention and control of police assault cases, which has important enlightenment to our country. In view of the deficiency of prevention and control countermeasures of police assault cases in our country, drawing lessons from the practices of other countries, especially developed countries, and based on the reality of our country, this paper puts forward the following suggestions: first, perfect the laws and regulations, Clearly define and punish the act of attacking the police, perfect the compulsory power of the police, and endow the law enforcement police with the right of strong self-defense; second, establish independent rights and interests agencies to safeguard the rights and interests of the police, and establish a rapid response mechanism within the police agencies; third, To strengthen social propaganda and legal education, to create a good atmosphere for the police to enforce the law, and to enhance the public's understanding of the objectivity and impartiality of the law enforcement work of the police; fourth, to rationally and scientifically deploy the police force and improve the police equipment for police security. Strengthen the training of the quality of law enforcement and the effectiveness of law enforcement activities, improve the awareness of self-protection of the police.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D631.1

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