我国公安大部门内部监督体制研究

发布时间：2018-08-04 17:32

【摘要】：我国公安机关是具有武装性质的国家重要的刑事司法和治安行政管理力量,法律赋予其许多特殊权力,必须建立科学、严格、有效的监督体制。当前,随着我国改革开放和社会主义市场经济体制建设向纵深推进,公安机关及其人民警察违法违纪案发数量大幅提升,究其原因,现行的多部门内部监督体制不够完善、不能完全适应工作需要是一个重要因素。顺应国家行政管理大部制改革趋势和公安内部监督工作要求,改革当前公安内部监督体制,构建大部门内部监督体制,成为加强公安监督工作的必然选择。公安大部门内部监督体制,是指在县级以上公安机关及人数较多的县处级以上公安分局、工作部门,组建惟一的内部监督部门--监督委员会,并对公安内部监督职能职责和权力进行合理配置,以避免职责交叉、政出多门从而提高监督效能的组织形态及关系模式。构建公安大部门内部监督体制,在监督主体方面,整合当前公安纪检(监察)、警务督察、法制、审计、信访、督查等部门,在全国县级以上公安机关及人数较多的县处级以上公安分局和工作部门组建惟一的议事性内部监督部门一监督委员会,委员会常设纪检、督察、法制、审计等四个非独立的内设机构,解决当前体制存在的职能不清、机构重叠、各自为战、政出多门等问题；在监督权力方面,将监督工作中的决策权、执行权与监督权尽可能分离,分别赋予监督委员会及其内设机构,解决当前体制存在的监督权力配置不科学,自我监督权力配置缺失导致监督权力滥用和履职不充分等问题；在运行机制方面,改变当前划分和构建工作运行机制标准不一的做法,以职能职责作为划分标准,建立重大事项决策及自我监督、宣传教育、违法违纪问题及信访事项处置、履责守纪督察、法律审核审批及执法检查、财物管理审计、综合协调等七大工作运行机制,解决当前体制存在的运行机制交叉特别是宣传教育和监督部门自我监督机制缺失等问题；在制度体系方面,颁布《公安机关监督条例》,清理当前制度,制定新制度,构建以《公安机关监督条例》为统领,以重大事项决策、宣传教育、违法违纪行为及信访事项处置、履职守纪督察、法律审核审批及执法检查、财物管理审计、综合协调等七方面制度为骨架的内容完备、结构合理、功能齐全、科学管用,与职能、权力、机制相对应的完整的公安监督法律体系,解决当前体制存在的制度体系结构紊乱、相互抵触及部分制度缺乏合法性等问题。
[Abstract]:Our country's public security organ is an important national criminal judicature and public security administrative power with armed nature, the law gives it many special powers, must establish the scientific, strict, effective supervision system. At present, with the deepening of reform and opening up and the construction of a socialist market economy system in China, the number of violations of law and discipline by public security organs and their people's police has increased substantially. The reason for this is that the current multi-sector internal supervision system is not perfect enough. The inability to fully adapt to the needs of the job is an important factor. In line with the trend of the reform of the large department system of state administration and the demands of the internal supervision of public security, it is an inevitable choice to reform the current internal supervision system of public security and to construct the internal supervision system of large departments. The internal supervision system of a large public security department refers to the establishment of the only internal supervision department, a supervisory committee, at or above the county level and above the county level with a large number of people. In order to avoid the overlapping of duties and duties, and to improve the efficiency of supervision, the organizational form and the relationship model of supervision efficiency can be improved by rationally allocating the functions and powers of the internal supervision of public security. To build up the internal supervision system of large public security departments, to integrate the current public security discipline inspection (supervision), police inspectors, legal system, audit, letters and visits, supervision and other departments in the main body of supervision, In the national public security organs at and above the county level and at the county level and above the number of people, public security bureaus and work departments have set up the only deliberative internal supervision department, a supervisory committee, a permanent discipline inspection committee, an inspector, and a legal system, The four non-independent internal bodies, such as audit, solve the existing problems of unclear functions, overlapping institutions, fighting for their own affairs, and various branches of government in the current system; in terms of supervisory power, they will have the power to make decisions in the work of supervision. The executive power and the supervisory power are separated as far as possible and the supervisory committee and its internal organization are given respectively to solve the problems such as the unscientific allocation of supervision power existing in the current system and the lack of self-supervision power allocation leading to the abuse of supervisory power and inadequate performance of duties and so on. In the aspect of operation mechanism, we should change the current practice of dividing and constructing the working operation mechanism with different standards, take the function and responsibility as the dividing standard, establish the decision making and self-supervision of major matters, publicize and educate, violate the law and discipline, and deal with the matter of letters and visits. Seven major operational mechanisms, such as responsible and disciplinary inspectors, examination and approval of laws and inspection of law enforcement, audit of property management, comprehensive coordination, etc. To solve the problems existing in the current system, such as the intersection of operational mechanisms, especially the lack of self-supervision mechanisms of propaganda and education departments and supervision departments; in the system, the "regulations on Supervision of Public Security organs" should be promulgated, the current system should be cleaned up, and a new system should be formulated. Under the supervision regulations of the Public Security organs, to make decisions on major matters, to publicize and educate, to deal with violations of law and discipline, to handle letters and visits, to perform duties and to observe discipline, to examine and approve laws, to inspect law enforcement, to audit property management, Comprehensive coordination and other seven aspects of the system are complete in content, reasonable in structure, complete in function, scientific in use, corresponding to function, power and mechanism in a complete legal system of public security supervision, to solve the system structure disorder existing in the current system. Conflicts and lack of legitimacy in some systems.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D631.1

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