论派出所民警执法权益保护的问题研究及完善对策

发布时间：2018-03-14 16:50

本文选题：派出所民警　切入点：执法权益　出处：《天津师范大学》2014年硕士论文　论文类型：学位论文

【摘要】：近年来,随着我国经济改革开放的高速发展,社会主义法治逐步推进,依法治国理念的深入人心,广大人民群众的法制观念和法律意识也在不断加强。公安机关特别是基层派出所,身处打击犯罪、治安防范、反恐维稳的第一线,执法环境发生了根本的改变,执法工作面临着严峻的考验,执法难度一再加大,遭受暴力抗法、袭警的伤亡人数不断增加,社会各界对此关注广泛。一方面,公安民警作为执法人员,维护着人民群众的生命财产,执行着法律的尊严,另一方面,由于其工作的特殊性,公安民警的执法权益在日常执法过程中更加容易受到侵犯。公安民警不仅是执法者,自身也是公民,保护公安民警的执法权益需要做好两方面工作,一是维护国家利益,二是保护公民利益。可是,从我国警察执法权益保护的现实情况看,前期工作“欠账太多”,不能满足实际执法工作的需要,民警的执法权益很难不到有效保护,影响了工作积极性。当前,我国现有《人民警察法》、《刑法》、《治安管理处罚法》等法律法规,虽然也赋予了警察一定的权利,设立了许多保护民警执法权益的法条,但在工作实践中,各项法律规定不细致、释义不明确,使得这些法律不能够完全起到保护民警执法权益的作用。各级公安机关虽然近年来也设立了维权部门,但大多数形同虚设,没有起到真正的作用,在民警执法权益受到侵害时消失的无影无踪,对民警受到的伤害不管不问。这其中既有法律规定的不严谨,也有制度制定的不完善。而且,目前对公安民警执法权益保护的理论研究与实践也存在脱轨的现象,理论研究成果难以有效指导实践工作。本文中笔者以一个法律学者和一线执法民警的双重身份,从基层公安工作的实际出发,以自身所经历的案件,展开分析民警被侵权案件的特点,解析侵权行为产生的原因,梳理现阶段民警执法权益保护的现状,探讨民警执法权益保护的方法及对策,切实能够为基层民警的执法权益提供有力保障,不再让悲剧重演。
[Abstract]:In recent years, with the rapid development of China's economic reform and opening up, the socialist rule of law has been gradually advanced, and the idea of governing the country according to law has become deeply popular. The legal concepts and legal consciousness of the broad masses of the people are also constantly being strengthened. The public security organs, especially the grass-roots police stations, are on the front line of cracking down on crime, keeping public order on guard, and maintaining stability against terrorism. The law enforcement environment has undergone a fundamental change. Law enforcement is facing a severe test, the difficulty of law enforcement has been increased again and again, the number of victims of violence against the law and the number of casualties attacked by the police have been increasing. All sectors of the community are concerned about this. On the one hand, the public security police as law enforcement personnel, Maintaining the life and property of the masses of the people and enforcing the dignity of the law; on the other hand, due to the particularity of their work, the law enforcement rights and interests of the police are more vulnerable to infringement in the course of daily law enforcement. The police are not only law enforcers, It is also a citizen itself. To protect the law enforcement rights and interests of the police, we need to do a good job in two aspects: one is to safeguard the national interests and the other is to protect the interests of the citizens. However, judging from the reality of the protection of the law enforcement rights and interests of the police in our country, There are too many debts in the preliminary work, which can not meet the needs of the actual law enforcement work, and the law enforcement rights and interests of the police can hardly be effectively protected, which affects the enthusiasm of the work. At present, China's existing laws and regulations, such as the people's Police Law, the Criminal Law and the Law on the punishment of Public Security Administration, have also given the police certain rights and established many laws and regulations to protect the rights and interests of the police in law enforcement, but in practice, The lack of detailed legal provisions and unclear interpretation of these laws make these laws unable to fully protect the law enforcement rights and interests of the police. Although public security organs at all levels have also set up human rights departments in recent years, most of them are virtually empty. It has not played a real role in disappearing when the law enforcement rights and interests of the police have been infringed on, regardless of the harm suffered by the police. There are not only the lax laws and regulations, but also the imperfections in the formulation of the system. At present, there is a phenomenon of derailment in the theoretical research and practice of the protection of the law enforcement rights and interests of the police, and the theoretical research results are difficult to guide the practical work effectively. In this paper, the author is a dual legal scholar and a front-line law enforcement police. Proceeding from the reality of public security work at the grass-roots level, and taking the cases experienced by itself, the paper analyzes the characteristics of the cases in which the police have been infringed, analyzes the causes of the infringement, and combs the present situation of the protection of the law enforcement rights and interests of the police at this stage. This paper discusses the methods and countermeasures of protecting the law enforcement rights and interests of the police, which can provide effective protection for the law enforcement rights and interests of the police at the grass-roots level, and will not allow the tragedy to repeat itself again.
【学位授予单位】：天津师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.3;D922.14

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