警察体制研究

发布时间：2019-02-16 14:29

【摘要】：警察体制是一个国家关于警察机构的设置、管理权限的划分以及警察编制规定的制度,其设计科学合理与否直接决定警察权运行的成效。我国的警察制度脱胎、成型于革命时代,发展、成长于改革时代,并于上世纪80年代中期正式形成了“统一领导,分级管理,条块结合,以块为主”的颇具中国特色的体制模式。这种警察体制形成于我国计划经济向市场经济转型的时期,大力确保了党对警察工作的绝对领导,保证了政令统一和警令畅通,落实了警察工作属地管理原则,充分发挥了地方党委和政府维护地方社会治安工作的主动性、积极性。但是随着我国经济的迅猛发展,我国的政治、文化等制度都随之发生了巨大的变迁。一方面是法治、自由、人权意识的觉醒,“依法治国,建设法治国家”已经成为了我国社会主义社会发展的主要目标。相应的,国家行政机关也进行了多次机构、体制改革以及行政职能转变,相比较而言,警察制度却少有根本性的触动。显然,这种以惩治犯罪和维护秩序为警察中心任务的警察体制越来越难以适应当前社会发展需要,亟需有计划的、理性的组织变革,以积极应对社会转型,提高行政组织的效能和贯彻法治人权理念。另一方面是社会治安形势的持续吃紧,民众安全感的降低,虽然也采取了诸如“严打”、“专项治理”等一系列传统管理手段,但这些措施的适用并未能有效的扭转整个局势,根本原因在于警察管理体制没有作出相应的、整体性的变革以适应新的社会形势。本文拟从外国警察体制类型和发展趋势的比较分析中探求我国法治型警察体制的建构,以合理划分警察事权,规定警察保障机制,优化设置警察机构,科学建立监督体系和警务运行模式,使警察权得以合理的限制和科学的适用,而非单纯追求控制犯罪、维护秩序而忽视了法治和人权的目标。我国警察体制改革还必须从我国的具体国情出发,遵循我国政治经济体制改革的总体目标,坚持党的领导,同时,借鉴各国警务革命的先进理念,如警务现代化、警察的职业化、治安社区化,以期建立符合中国国情的现代法治型警察体制：首先,明确划分警察权中央和地方事权,明确警务活动和非警务活动的界限,合理适用刑事侦查权和治安行政权。其次,严格遵循法定原则,合理规定警察编制,优化配置警力机制,改革“倒三角型”警力分布的弊病,夯实基层警力,避免机关部门过多、人浮于事的现象,赋予基层更多的自主权。再次,实行警务机制改革,改革现行的刑事侦查体制、接处警机制和警务协作机制,以提高工作效率。最后,完善警察监督机制,以保障警察权的合理限制和科学运行,通过上述方面的改革在整体上建立和完善符合我国国情的现代法治型警察体制。
[Abstract]:The police system is a national system about the establishment of police organization, the division of management authority and the regulation of police establishment. Whether the design is scientific and reasonable or not directly determines the effectiveness of the operation of police power. The police system of our country was born out of birth, formed in the revolutionary era, developed and grew up in the era of reform, and in the mid-1980s, it formally formed "unified leadership, hierarchical management, piecemeal integration," The system model with Chinese characteristics is based on block. This police system was formed in the period of transition from planned economy to market economy in our country. It ensured the absolute leadership of the party over the police work, ensured the unity of the government order and the smooth flow of the police order, and implemented the principle of territorial management of the police work. Give full play to the initiative and enthusiasm of local party committees and governments in maintaining local public order. However, with the rapid development of our economy, our political, cultural and other systems have undergone tremendous changes. On the one hand, the awakening of the consciousness of rule of law, freedom and human rights, "ruling the country according to law and building a country ruled by law" has become the main goal of the development of our socialist society. Accordingly, the state administration has also carried out many institutional reforms and administrative function changes, but the police system has few fundamental touches. It is clear that this police system, with the task of punishing crime and maintaining order as the central task of the police, is becoming more and more difficult to meet the needs of current social development and needs urgent planned and rational organizational changes in order to respond positively to the social transformation, Improve the efficiency of administrative organizations and implement the concept of rule of law and human rights. On the other hand, the continued tight social security situation and the reduction of sense of security have also adopted a series of traditional management measures such as "strike hard" and "special management", but the application of these measures has not effectively reversed the whole situation. The fundamental reason lies in the failure of the police management system to make corresponding, holistic changes to adapt to the new social situation. From the comparative analysis of the types and development trends of the foreign police system, this paper explores the construction of our country's law-governed police system, in order to reasonably divide the police power, stipulate the police security mechanism, and optimize the setting up of the police organization. The establishment of scientific supervision system and police operation mode makes the police power reasonable limitation and scientific application, instead of simply pursuing the control of crime, maintaining order and neglecting the goal of rule of law and human rights. The police system reform of our country must also proceed from the specific conditions of our country, follow the overall goal of the political and economic system reform of our country, adhere to the leadership of the party, at the same time, draw lessons from the advanced concepts of the police service revolution in various countries, such as the modernization of police affairs. The professionalization of the police and the communitalization of public security in order to establish a modern police system of the rule of law in accordance with China's national conditions: firstly, the police power should be clearly divided between the central and local authorities, and the boundaries between police activities and non-police activities should be clearly defined. The power of criminal investigation and the administrative power of public security shall be reasonably applied. Secondly, strictly abide by the legal principles, rationally stipulate the police establishment, optimize the police force allocation mechanism, reform the malpractice of the "inverted triangle" police force distribution, consolidate the grass-roots police force, and avoid the phenomenon of excessive number of organs and departments, and over-staffing. Give more autonomy to the grassroots. Thirdly, we should carry out the reform of the police mechanism, reform the current criminal investigation system, receive the police and cooperate with the police in order to improve the working efficiency. Finally, we should perfect the police supervision mechanism to ensure the reasonable restriction and scientific operation of the police power, and establish and perfect the modern law-governed police system according to the situation of our country through the reform of the above aspects.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D631.1

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