我国公安内部执法监督制度研究
发布时间：2018-11-18 18:06
【摘要】： 我国公安机关作为人民民主专政的重要工具,在担负着巩固共产党执政地位、维护社会安定团结、保障人民群众安居乐业的重要历史使命的同时,被赋予了广泛的行政执法权和刑事司法权。公安机关掌握的这些权力犹如一柄“双刃剑”,既可以用来保障人权、巩固政权,同时也可以因为滥用权力而侵犯人权、影响国家政权的正常运行。在新的历史形势下,一方面,建设社会主义和谐社会、保障人权需要对我国公安机关及其人民警察的角色重新进行定位:另一方面,台独势力、西藏分裂势力的猖獗及国际挑衅,又需要我国公安机关及其人民警察在一定程度上保持其原有的专政与暴力性质。这种形势下,如何更加科学有效地监督公安机关及其人民警察、规范其执法权力的行使成为摆在我国执政党和政府面前的一个重要课题,因此,研究如何进一步加强和完善公安内部执法监督制度也就显得尤为重要。 本文第一部分对公安内部执法监督制度的一般原理、发展历程及国外、我国香港地区的相关规定和做法进行了系统阐述,第二部分详细分析了我国公安内部执法监督制度的现状,在对当前我国公安内部执法监督工作取得成绩进行肯定的同时,结合真实案例,深入分析和阐述了当前我国公安内部执法监督制度存在的主要问题及其成因。第三部分根据第二部分对我国公安内部执法监督现状的分析,重点从以下五个方面提出了相应的完善对策:一是从思想认识的角度,探讨了如何创新理念,提高素质,增强接受监督的主动性和积极性等问题;二是从完善立法、健全监督制度的角度,建议在公安内部执法监督制度中要统一立法,以解决目前存在的监督依据混乱问题;三是针对当前公安内部执法监督工作体制不顺、分工不明问题,重点就如何统一协调及解决各监督部门间的工作分工问题提出了具体的完善对策;四是从科学监督的角度,探讨了监督方式、监督手段、监督理念的科学性问题:五是从内外结合的角度,分析并论证了公安内部执法监督与公民监督和新闻媒体监督相结合的必要性。
[Abstract]:As an important tool of the people's democratic dictatorship, our public security organs shoulder the important historical mission of consolidating the ruling position of the Communist Party, maintaining social stability and unity, and ensuring the people to live and work in peace and contentment. Has been given a wide range of administrative law enforcement and criminal justice power. These powers held by public security organs are like a "double-edged sword", which can be used to protect human rights and consolidate political power, but also to violate human rights because of abuse of power and to affect the normal operation of state power. Under the new historical situation, on the one hand, the construction of a harmonious socialist society and the protection of human rights need to reposition the role of our public security organs and their people's police: on the other hand, the forces of Taiwan independence, The rampant secessionist forces in Tibet and international provocations also require our public security organs and their people's police to maintain their original dictatorship and violent nature to a certain extent. Under this situation, how to supervise the public security organs and the people's police more scientifically and effectively and standardize the exercise of their law enforcement power has become an important subject in front of the ruling party and the government of our country. It is particularly important to study how to further strengthen and perfect the internal law enforcement supervision system of public security. In the first part of this paper, the general principle, development course and relevant regulations and practices of public security internal law enforcement and supervision system are systematically expounded. The second part analyzes the current situation of the internal law enforcement supervision system in our country in detail, while affirming the achievements of the internal law enforcement supervision work in our country, combined with the real cases. This paper deeply analyzes and expounds the main problems and causes of the internal law enforcement supervision system in our country. The third part, according to the second part of the analysis of the current situation of our country's internal law enforcement supervision of public security, put forward the corresponding improvement countermeasures from the following five aspects: first, from the perspective of ideological understanding, discussed how to innovate the concept, improve the quality, Strengthening the initiative and enthusiasm of accepting supervision; Second, from the angle of perfecting the legislation and perfecting the supervision system, it is suggested to unify the legislation in the internal law enforcement supervision system of the public security in order to solve the existing problems of the confusion of the supervision basis; Thirdly, aiming at the problem that the internal law enforcement supervision system of public security is not smooth and the division of labor is not clear, this paper puts forward some concrete and perfect countermeasures on how to unify and coordinate and solve the division of work among the supervision departments. Fourth, from the point of view of scientific supervision, it discusses the scientific problems of supervision methods, means and concepts of supervision: fifth, from the angle of combination of internal and external, This paper analyzes and demonstrates the necessity of the combination of internal law enforcement supervision with citizen supervision and news media supervision.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D631.1
本文编号：2340747
[Abstract]:As an important tool of the people's democratic dictatorship, our public security organs shoulder the important historical mission of consolidating the ruling position of the Communist Party, maintaining social stability and unity, and ensuring the people to live and work in peace and contentment. Has been given a wide range of administrative law enforcement and criminal justice power. These powers held by public security organs are like a "double-edged sword", which can be used to protect human rights and consolidate political power, but also to violate human rights because of abuse of power and to affect the normal operation of state power. Under the new historical situation, on the one hand, the construction of a harmonious socialist society and the protection of human rights need to reposition the role of our public security organs and their people's police: on the other hand, the forces of Taiwan independence, The rampant secessionist forces in Tibet and international provocations also require our public security organs and their people's police to maintain their original dictatorship and violent nature to a certain extent. Under this situation, how to supervise the public security organs and the people's police more scientifically and effectively and standardize the exercise of their law enforcement power has become an important subject in front of the ruling party and the government of our country. It is particularly important to study how to further strengthen and perfect the internal law enforcement supervision system of public security. In the first part of this paper, the general principle, development course and relevant regulations and practices of public security internal law enforcement and supervision system are systematically expounded. The second part analyzes the current situation of the internal law enforcement supervision system in our country in detail, while affirming the achievements of the internal law enforcement supervision work in our country, combined with the real cases. This paper deeply analyzes and expounds the main problems and causes of the internal law enforcement supervision system in our country. The third part, according to the second part of the analysis of the current situation of our country's internal law enforcement supervision of public security, put forward the corresponding improvement countermeasures from the following five aspects: first, from the perspective of ideological understanding, discussed how to innovate the concept, improve the quality, Strengthening the initiative and enthusiasm of accepting supervision; Second, from the angle of perfecting the legislation and perfecting the supervision system, it is suggested to unify the legislation in the internal law enforcement supervision system of the public security in order to solve the existing problems of the confusion of the supervision basis; Thirdly, aiming at the problem that the internal law enforcement supervision system of public security is not smooth and the division of labor is not clear, this paper puts forward some concrete and perfect countermeasures on how to unify and coordinate and solve the division of work among the supervision departments. Fourth, from the point of view of scientific supervision, it discusses the scientific problems of supervision methods, means and concepts of supervision: fifth, from the angle of combination of internal and external, This paper analyzes and demonstrates the necessity of the combination of internal law enforcement supervision with citizen supervision and news media supervision.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D631.1
【引证文献】
相关硕士学位论文 前3条
1 傅怡;试论新时期基层公安机关执法监督机制[D];山东大学;2011年
2 海彪;警风建设研究[D];郑州大学;2010年
3 邓先政;常德市公安行政执法监督研究[D];湖南大学;2012年
，本文编号：2340747
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