我国公安执法监督存在的问题及对策探析
发布时间：2018-10-07 20:51
【摘要】： 改革开放以来,我国公安执法监督的措施、方法、体系得到了不断的发展,初步形成了具有中国特色的警察权力监督制约体系,但从警察权力监督制约体系的现状来看还很不完善,加上新旧经济体制转换、政府职能的转变,对警察权力的监督制约尚存在诸多缺陷。如何在保障警察权的同时有效地约束警察权、防止警察权的滥用,为市场经济的发展创造一个良好的社会环境和调控环境,无疑成了一个需要尽速完成的、富有实践意义的重要课题。 公安机关作为国家重要的执法机关,既具有一定的刑事司法权,又具有一定的治安行政权,其权力涉及到社会管理的各个方面。现实生活中,警察队伍中存在的不正之风现象仍相当严重,一些违法乱纪的问题相当突出,腐败现象亦有愈演愈烈之势。这些问题将严重地损害警察的声誉和形象,破坏了本应良好的警民关系,干扰了公安工作的正常开展。因此,新形势下如何使警察保持公正廉洁,如何加强警察队伍建设是一个亟待解决的问题。而解决该问题的有效途径之一就是进一步建立和完善现有的警察执法监督体制,强化对权力的制约,以加强廉政建设。 为了确保公安机关在法律规定的范围内严格依法行政,保障公安机关及其人民警察依法履行职责、行使职权,维护公民的合法权益,对公安执法的监督显得尤为重要。笔者作为一名从事公安执法工作的人员,在借鉴法学学者的研究成果的基础上,通过探析公安机关执法监督的主体、客体、构成及现状,总结概括了公安执法监督的概念、特点及意义,针对当前公安执法监督中存在的成本问题、权威性问题、责任追究问题及内外执法监督等问题,结合国内外警察执法机制的借鉴,在理论联系实际的基础上,对当前公安执法监督中存在的突出问题进行调研分析,就如何完善监督机制,最终提出了建立、健全公安执法监督机制的一些可行性措施,丰富了公安机关执法监督的一般性理论研究,以求进一步完善我国现行公安执法监督机制。
[Abstract]:Since the reform and opening up, the measures, methods and systems of public security law enforcement and supervision in China have been continuously developed, and a police power supervision and restriction system with Chinese characteristics has been initially formed. However, from the current situation of police power supervision and restriction system, it is still very imperfect. In addition, the transformation of new and old economic system and the transformation of government functions, there are still many defects in the supervision and restriction of police power. How to effectively restrain the police power while safeguarding the police power, prevent the abuse of the police power, and create a good social and regulatory environment for the development of the market economy has undoubtedly become a task that needs to be completed as soon as possible. An important subject of practical significance. As an important law enforcement organ of the country, public security organ not only has certain criminal judicial power, but also has certain administrative power of public security. Its power involves all aspects of social management. In real life, the phenomenon of malpractice in the police force is still quite serious, some problems of violating the law and discipline are quite prominent, and the phenomenon of corruption is becoming more and more serious. These problems will seriously damage the reputation and image of the police, destroy the relationship between the police and the people, and interfere with the normal development of public security work. Therefore, how to keep the police fair and clean under the new situation and how to strengthen the construction of the police force is an urgent problem to be solved. One of the effective ways to solve this problem is to further establish and improve the existing police law enforcement supervision system, strengthen the power constraints, in order to strengthen the building of a clean government. In order to ensure that the public security organs strictly administer according to the law, ensure that the public security organs and the people's police perform their duties according to law, exercise their functions and powers, and safeguard the legitimate rights and interests of citizens, it is particularly important to supervise the law enforcement by public security organs. As a person engaged in public security law enforcement, based on the research results of legal scholars, the author summarizes the concept of public security law enforcement supervision by analyzing the subject, object, constitution and present situation of public security organ law enforcement supervision. In view of the cost problem, authority problem, responsibility investigation problem and internal and external law enforcement supervision problems existing in the current police law enforcement supervision, combined with the reference of the domestic and foreign police law enforcement mechanism, and on the basis of integrating theory with practice, On the basis of investigation and analysis of the outstanding problems existing in the supervision of public security law enforcement at present, some feasible measures for establishing and perfecting the supervision mechanism of public security law enforcement are put forward on how to perfect the supervision mechanism. It enriches the general theoretical research on the supervision of law enforcement by public security organs in order to further improve the current mechanism of law enforcement supervision in our country.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D631.1
本文编号：2255627
[Abstract]:Since the reform and opening up, the measures, methods and systems of public security law enforcement and supervision in China have been continuously developed, and a police power supervision and restriction system with Chinese characteristics has been initially formed. However, from the current situation of police power supervision and restriction system, it is still very imperfect. In addition, the transformation of new and old economic system and the transformation of government functions, there are still many defects in the supervision and restriction of police power. How to effectively restrain the police power while safeguarding the police power, prevent the abuse of the police power, and create a good social and regulatory environment for the development of the market economy has undoubtedly become a task that needs to be completed as soon as possible. An important subject of practical significance. As an important law enforcement organ of the country, public security organ not only has certain criminal judicial power, but also has certain administrative power of public security. Its power involves all aspects of social management. In real life, the phenomenon of malpractice in the police force is still quite serious, some problems of violating the law and discipline are quite prominent, and the phenomenon of corruption is becoming more and more serious. These problems will seriously damage the reputation and image of the police, destroy the relationship between the police and the people, and interfere with the normal development of public security work. Therefore, how to keep the police fair and clean under the new situation and how to strengthen the construction of the police force is an urgent problem to be solved. One of the effective ways to solve this problem is to further establish and improve the existing police law enforcement supervision system, strengthen the power constraints, in order to strengthen the building of a clean government. In order to ensure that the public security organs strictly administer according to the law, ensure that the public security organs and the people's police perform their duties according to law, exercise their functions and powers, and safeguard the legitimate rights and interests of citizens, it is particularly important to supervise the law enforcement by public security organs. As a person engaged in public security law enforcement, based on the research results of legal scholars, the author summarizes the concept of public security law enforcement supervision by analyzing the subject, object, constitution and present situation of public security organ law enforcement supervision. In view of the cost problem, authority problem, responsibility investigation problem and internal and external law enforcement supervision problems existing in the current police law enforcement supervision, combined with the reference of the domestic and foreign police law enforcement mechanism, and on the basis of integrating theory with practice, On the basis of investigation and analysis of the outstanding problems existing in the supervision of public security law enforcement at present, some feasible measures for establishing and perfecting the supervision mechanism of public security law enforcement are put forward on how to perfect the supervision mechanism. It enriches the general theoretical research on the supervision of law enforcement by public security organs in order to further improve the current mechanism of law enforcement supervision in our country.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D631.1
【引证文献】
相关硕士学位论文 前1条
1 邓先政;常德市公安行政执法监督研究[D];湖南大学;2012年
，本文编号：2255627
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