我国警察权利保障实证研究

发布时间：2018-02-20 00:19

本文关键词： 警察权利法治执法环境实现途径　出处：《湖南大学》2008年硕士论文　论文类型：学位论文

【摘要】： 近年来,警察权利受到侵犯的现象越来越严重,已发展成为国家和社会必须面对和解决的问题。解决这个问题的关键就是要对警察权利的内涵和外延进行准确的定性,正确的认识和区分警察权利和警察权力这两个不同的概念,改变传统的人权理论中,把警察作为人权的对立面加以约束的状况。通过对警察生存现状的实证考察,我们发现,作为群众“保护者”的警察正承受着巨大的压力:执法过程中遭受袭击、辱骂、威胁的情况时有发生;非警务活动过多,群众不予理解和支持;工作繁重,休息权得不到保障,与家人聚少离多,这些都导致我国警察尤其是基层一线警察的身体健康状况受损,心理出现问题,家庭生活受到影响。分析警察的生存现状,我们可以找到警察权利受到侵犯的原因:首先是立法保障、体制方面的问题导致警察的执法硬环境不佳;其次某些不准确的舆论导向和群众对法律的认知不够导致警察的执法软环境也不够好;再次是需要国家关注的警察“高付出、低回报”问题;当然还有警察自身素质等等原因。加强对警察权利的保护,可以从以下几方面入手:一是完善法律法规和相关制度,给予警察执法提供足够的法律保护;二是依法合理使用警力,加强政府各部门的联动协调,使警察从繁琐的非警务活动中解放出来;三是把握舆论导向,给警察营造一个良好的执法环境;四是给予警察队伍足够的经费保障,适当提高待遇,保持警察的平衡心理;五是从严治警,提高警察素养和执法技能,努力营造一个和谐的警民关系。
[Abstract]:In recent years, the phenomenon that the police rights have been violated is more and more serious, which has developed into a problem that the state and society must face and solve. The key to solve this problem is to accurately define the connotation and extension of the police rights. To correctly understand and distinguish the two different concepts of police power and police power, to change the traditional theory of human rights, the police as the opposite of human rights to restrict the situation. Through an empirical study of the existence of the police, we find that the police, as "protectors" of the masses, are under great pressure: attacks, insults and threats occur from time to time in the course of law enforcement, and there are too many non-police activities. The masses do not understand and support; the heavy work, the lack of protection of the right to rest, and the small number of people gathered together with their families have all led to damage to the physical health and psychological problems of our country's police officers, especially the first-line police officers at the grass-roots level. Family life is affected. By analyzing the existing situation of the police, we can find out the reasons for the violation of the police rights: firstly, the legislation guarantees, the system problems lead to the poor enforcement environment of the police; Secondly, some inaccurate public opinion guidance and the people's insufficient understanding of the law also lead to the police enforcement soft environment is not good enough; again, the police need to pay attention to the problem of "high pay, low return"; of course, there are reasons such as the quality of the police themselves. To strengthen the protection of police rights, we can start from the following aspects: first, to improve laws, regulations and related systems to provide adequate legal protection for police law enforcement; and second, to make rational use of police forces in accordance with the law, and to strengthen the coordination between various government departments. The third is to grasp the guidance of public opinion, to create a good law enforcement environment for the police, to give adequate financial protection to the police force, to properly improve the treatment, and to maintain the balanced psychology of the police. Fifth, strict management of police, improve police literacy and law enforcement skills, and strive to create a harmonious relationship between the police and the people.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D631.1

【引证文献】