我国警察执法能力及其养成方式之探讨

发布时间：2018-03-18 23:03

本文选题：警察　切入点：执法能力　出处：《湖南师范大学》2014年硕士论文　论文类型：学位论文

【摘要】：习近平同志在2014年中央政法工作会议上提出要提高运用法治思维和法治方式的能力,坚持依法治国、依法执政和行政,建设法治中国。公安机关是国家的刑事司法力量和治安行政力量,担负着维护国家安全和社会大局稳定、保障人民安居乐业和促进社会公平正义的重要使命。在当前我国社会经济飞速发展,各种社会矛盾集中显现,人民群众法律意识和维权意识日益增强的大环境下,警察执法能力水平的高低,不仅关乎警队形象和政府公信力,更加关乎国家的政治大局稳定和人民群众的安危。警察执法能力,就是警察履行法定职责、依法行使权力所必需具备的职业能力。警察执法能力养成方式主要通过教育培训—执法实践—教育培训这样一个不断循环的过程来实现。当前,我国警察执法能力不足与警察个人素养、在执法中缺少法律思维和教育培训存在缺陷不无关系。提高警察执法能力,立法上要提高入警条件,增加对警察的考核及培训内容；其次要转变执法观念,培养警察执法应当具备的法律至上、保障人权、由程序正义实现实体正义以及法律优于情理的法律思维；其三要提高教育培训质量：明确培训目标,改进培训形式,完善培训考评机制。其四要建立有效的执法监督和激励机制,在防止权力滥用,及时纠正执法差错的同时,也要增强民警对其职业的认同感,努力提升素质,增强履职能力。
[Abstract]:Comrade Xi Jinping proposed at the 2014 Central Committee meeting on political and legal work that we should improve our ability to use the thinking of the rule of law and the way of ruling by law, persist in governing the country according to law, govern and administer according to law, and build a country ruled by law. The public security organ is the national criminal judicial power and the public security administrative force, shoulders the maintenance national security and the social overall situation stability, guarantees the people to live and work in peace and contentment and promotes the social fair and just mission. All kinds of social contradictions are concentrated, and the level of law enforcement ability of the police is not only related to the image of the police force and the credibility of the government, but also to the increasing awareness of the people's legal consciousness and the awareness of protecting their rights. More related to the overall political stability of the country and the safety of the people. The ability of the police to enforce the law means that the police perform their statutory duties. The professional ability that must be possessed in exercising power according to law. The way to develop the law enforcement ability of the police is mainly realized through the continuous cycle process of education and training, law enforcement practice and education training. At present, The deficiency of police's law enforcement ability in our country is related to the police's personal accomplishment, the lack of legal thinking and the defect of education and training in law enforcement. To improve the police's law enforcement ability, the legislation should improve the condition of entering the police, and increase the examination and training content of the police. Secondly, it is necessary to change the concept of law enforcement, train the law supremacy that the police should have, protect human rights, realize substantive justice by procedural justice and the legal thinking that the law is superior to reason; third, improve the quality of education and training: make clear the training goal, Improve the training form and perfect the training appraisal mechanism. Fourthly, we should establish effective law enforcement supervision and incentive mechanisms, prevent abuse of power and correct mistakes in law enforcement in time, at the same time, we should also enhance the police's identity with their profession and strive to improve their quality. Enhance the ability to carry out one's duties.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.14

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