监狱人民警察权益保护制度研究

发布时间：2018-03-14 05:12

本文选题：监狱人民警察　切入点：权益　出处：《华中师范大学》2017年硕士论文　论文类型：学位论文

【摘要】：在上世纪90年代颁布实施的以《监狱法》为代表的有关法典,标志着我国监狱真正步入法制化的轨道,保护监狱人民警察合法权益也实现了有法可依,随着人权的进步及我国法治化的不断推进,特别是党的十八年以来,更是得到了进一步提升。但在现实中仍有诸多对监狱人民警察合法权益进行侵害的不法行为,而且监狱警察维护自身合法权益之路困难重重且维权成本颇高,许多受害民警选择委屈求全,反而助长了侵害行为不断滋生,陷入“侵害-妥协-再侵害-再妥协”的恶性循环之中,从而导致监狱人民警察身心俱损,严重破坏监狱的安全稳定。监狱人民警察是一支保障国家社会安定团结的主要力量,与其它各类型人民警察相比,监狱人民警察在工作职责、工作区域、工作对象、工作时间以及工作内容等方面与其它警种有明显的区别,权益保护必然有其独特性。目前,在我国监狱人民警察依法享有的权益当中,其中的生命健康权、人格权、休息权、申诉控告权、伤亡抚恤权和执行职务权等六项权益最易受到侵害,究其原因主要由三个方面的原因:一是狱外社会环境管控不足;二是针对监狱警察权益保护的法律法规存在制定、滞后、缺失、分散、不具体、缺乏可操作性等问题;三是监狱机关自身存在工作标准、民警角色、民警法律素质、救济渠道等方面的不足。通过与域外国家或地区在立法、福利待遇、警力、维权机构、职能专业化等方面的比较,取其精华去其糟粕并结合我国国情构建我国监狱人民警察合法权益的保障机制,一是加强与社会各界互动沟通、狱务公开及媒体宣传,为监狱人民警察维护自身合法权益构建和谐的社会环境;二是从制定针对监狱人民警察的法律法规,健全法律法规和细化现有法律法规三个方面来完善我国监狱人民警察合法权益保障的法律法规;三是从合理设置监狱工作标准及监狱人民警察的职责,提高监狱领导法律素养及民警维权意识,合理配备警力,强化现有维权机构的维权职能及设置专门的维权组织,争取社会优待等六个方面来加强监狱机关自身建设。完善我国监狱人民警察合法权益保护制度不是一蹴而就,而是需要社会各界的共同努力,我国监狱事业的法治化建设才会得到科学发展。
[Abstract]:In -10s, the relevant codes, represented by the Prison Law, were promulgated and put into effect, marking that our country's prisons have really entered the track of legalization, and the protection of the lawful rights and interests of the prison people's police has also been realized in accordance with the law. With the progress of human rights and the continuous advancement of the rule of law in our country, especially in the past 18 years of the Party, it has been further promoted. But in reality, there are still many illegal acts that infringe on the legitimate rights and interests of the prison people's police. Moreover, the prison police have many difficulties in maintaining their legitimate rights and interests and high cost of safeguarding their rights. Many victimized police officers choose to be aggrieved and seek help, which on the contrary contributes to the continuous breeding of violations. Trapped in a vicious circle of "encroachment-compromise-aggression-recompromise", which leads to the physical and mental damage of the prison people's police and seriously undermines the security and stability of the prison. The prison people's police are a major force to ensure social stability and unity in the country. Compared with other types of people's police, prison people's police are obviously different from other kinds of police in terms of work duty, working area, working object, working time and work content, etc. At present, the protection of rights and interests must be unique. Among the rights and interests enjoyed by the prison people's police in our country according to law, the six rights and interests such as life and health rights, personality rights, rest rights, complaints and complaints rights, casualty pension rights and the right to perform their duties are most vulnerable to infringement. The main reasons are as follows: first, insufficient control of the social environment outside prison; second, the problems of law and regulations for the protection of the rights and interests of prison police are formulated, lagging, missing, scattered, unspecific, lack of operability and so on. Third, there are shortcomings in the work standards of the prison authorities themselves, the role of the police, the legal quality of the police, the channels of relief, and so on. Through comparison with foreign countries or regions in the areas of legislation, welfare treatment, police force, human rights institutions, functional specialization, and so on, Taking its essence away from its dross and combining with the national conditions of our country, we should construct a safeguard mechanism for the legitimate rights and interests of the prison people's police in our country. First, we should strengthen interaction and communication with all sectors of society, open prison affairs and media publicity. To build a harmonious social environment for the prison people's police to safeguard their legitimate rights and interests; second, to formulate laws and regulations for the prison people's police, Perfecting the laws and regulations of the legal rights and interests of the prison people's police in our country from three aspects: perfecting the laws and regulations and refining the existing laws and regulations; third, setting up the standard of prison work reasonably and the duties of the prison people's police, To improve the legal literacy of prison leaders and the awareness of the police in safeguarding their rights, to allocate police force reasonably, to strengthen the functions of the existing organizations for safeguarding their rights and to set up special organizations for safeguarding their rights, To strive for social preferential treatment and other six aspects to strengthen the prison authorities' own construction. To perfect the legal rights and interests protection system of the prison people's police in China will not be achieved overnight, but requires the joint efforts of all sectors of the society. Only the construction of the rule of law in our country can get scientific development.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.7

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