公安民警执法权益维护问题研究
发布时间：2018-07-14 19:40
【摘要】：近年来,公安民警正当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、恶意投诉和暴力袭击的事件不断在各地频繁发生,基层民警反应强烈,引起了社会各界的关注。公安民警是法律的捍卫者,是人民群众生命财产安全的保护者,由于其工作的特殊性,他们的执法权益特别容易受到侵害。但作为公民,民警的权益也同样需要法律的保护,这既是社会道义,也是法律的责任。目前我国在维护和保障民警正当执法权益方面还存在一定的不足,造成很多侵害民警执法权益的行为没有得到应有的惩罚,严重的伤害了民警的身体和心理,’极大的挫伤了民警的工作积极性。 虽然《人民警察法》在警务保障上赋予公安民警许多职权,不仅可以对不法行为人采取各种强制措施,而且在紧急情况下可使用警具、警械和武器、,当遇到暴力抗法袭警时,《刑法》也有相关的惩罚规定,可是这些法律的可操作性不强,需要细化。、譬如犯罪进行到哪个阶段可以开枪?再如《治安管理处罚条例》中对醉酒的人违反治安管理的规定：醉酒的人在醉酒的状态中对本人有危险或者对他人的安全有威胁的,应当将其约束到酒醒。可是如何约束?法律上没有细则来规定。所以常常出现民警有枪不敢用,对醉酒之人不敢上手去管的现象。由于现行法律制度存在诸多问题,使得公安民警维权无法可依,严重影响了民警维权工作的开展。笔者从侵害民警执法权益行为的特点入手,分析民警执法权益屡受侵害的原因以及我国在维护和保障民警执法权益方面采取的措施以及存在的不足,从而寻求民警执法权益的途径和机制,改善民警的执法环境,提高警察的执法水平和自我保护能力,维护民警的执法权益。
[Abstract]:In recent years, the police have been subjected to more and more illegal violations in the course of their proper law enforcement, the police have been abused, besieged, malicious complaints and violent attacks have occurred frequently in various places, and the police at the grass-roots level have reacted strongly. Has aroused the attention of all walks of life. The police are the defenders of the law and the protectors of the people's life and property. Because of the particularity of their work, their law enforcement rights and interests are particularly vulnerable to infringement. But as citizens, the rights and interests of the police also need the protection of the law, which is not only the social morality, but also the responsibility of the law. At present, there are still some deficiencies in safeguarding and safeguarding the legitimate rights and interests of the police in our country, resulting in a lot of violations of the rights and interests of the police not being punished properly and seriously harming the body and psychology of the police. The police's enthusiasm was greatly dampened. Although the people's Police Law confers many powers and powers on police security, it can not only take all kinds of coercive measures against the wrongdoers, but also use police equipment in emergency situations. Police equipment and weapons, when faced with violence against the law attack the police, the Criminal Law also has relevant punishment provisions, but these laws are not strong operability, need to be refined. For example, when the crime can be fired at which stage? As in the regulations on Administrative penalties for Public Security, a drunken person who violates the provisions of public security administration: a drunken person who is dangerous to himself or a threat to the safety of others in a drunken state shall be confined to a drunken state. But how? There are no rules in the law. So often the police have guns dare not use, drunken people do not dare to control the phenomenon. There are many problems in the current legal system, which makes it impossible for the police to protect their rights, which seriously affects the development of the work of protecting the rights of the police. The author begins with the characteristics of infringing upon the law enforcement rights and interests of the police, analyzes the reasons why the law enforcement rights and interests of the police are frequently infringed, and the measures taken and the shortcomings of our country in maintaining and protecting the law enforcement rights and interests of the police. In order to find the way and mechanism of the law enforcement rights and interests of the police, improve the law enforcement environment of the police, improve the law enforcement level and self-protection ability of the police, safeguard the law enforcement rights and interests 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
本文编号：2122738
[Abstract]:In recent years, the police have been subjected to more and more illegal violations in the course of their proper law enforcement, the police have been abused, besieged, malicious complaints and violent attacks have occurred frequently in various places, and the police at the grass-roots level have reacted strongly. Has aroused the attention of all walks of life. The police are the defenders of the law and the protectors of the people's life and property. Because of the particularity of their work, their law enforcement rights and interests are particularly vulnerable to infringement. But as citizens, the rights and interests of the police also need the protection of the law, which is not only the social morality, but also the responsibility of the law. At present, there are still some deficiencies in safeguarding and safeguarding the legitimate rights and interests of the police in our country, resulting in a lot of violations of the rights and interests of the police not being punished properly and seriously harming the body and psychology of the police. The police's enthusiasm was greatly dampened. Although the people's Police Law confers many powers and powers on police security, it can not only take all kinds of coercive measures against the wrongdoers, but also use police equipment in emergency situations. Police equipment and weapons, when faced with violence against the law attack the police, the Criminal Law also has relevant punishment provisions, but these laws are not strong operability, need to be refined. For example, when the crime can be fired at which stage? As in the regulations on Administrative penalties for Public Security, a drunken person who violates the provisions of public security administration: a drunken person who is dangerous to himself or a threat to the safety of others in a drunken state shall be confined to a drunken state. But how? There are no rules in the law. So often the police have guns dare not use, drunken people do not dare to control the phenomenon. There are many problems in the current legal system, which makes it impossible for the police to protect their rights, which seriously affects the development of the work of protecting the rights of the police. The author begins with the characteristics of infringing upon the law enforcement rights and interests of the police, analyzes the reasons why the law enforcement rights and interests of the police are frequently infringed, and the measures taken and the shortcomings of our country in maintaining and protecting the law enforcement rights and interests of the police. In order to find the way and mechanism of the law enforcement rights and interests of the police, improve the law enforcement environment of the police, improve the law enforcement level and self-protection ability of the police, safeguard the law enforcement rights and interests 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
【参考文献】
相关硕士学位论文 前1条
1 李东;我国现阶段袭警问题的系统分析与防范研究[D];同济大学;2007年
，本文编号：2122738
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