上海境外人员管理问题研究
发布时间：2019-03-31 00:37
【摘要】： 我国的出入境管理运作机制属于现代警务运作机制的一部分,而境外人员管理是国家行政管理的组成部分,是我国公安机关的一项专门业务。在西部大开发的步伐加快,改革开放形势的深入发展和我国加入WTO的新形势下,来上海居住、从事商务、旅游等活动的境外人员不断增多,涉外警务的比重不断增加,境外人员的管理工作日益繁重和严峻,并暴露出多方面的不足和缺陷,表现在:有效的涉外案件处置和安全防范的整体机制还未完全形成,仅有的工作机制运作不到位,境外人员属地化管理的力度不大,涉外法律法规和技术手段都不够完善甚至落后。 本文基于新公共服务理论,针对当前涉外管理的现状和不足,直面涉外管理的挑战,抓住亟需提高的几个方面,积极思考上海出入境管理工作,提出加强公安机关公共服务能力建设,充分发挥我国警察公共服务职能,从而完善上海境外人员管理工作对策的主张。具体到本文所要探讨的上海境外人员管理问题,笔者认为只有坚持开拓创新,深入推进公共服务能力建设,才能充分发挥公安机关境外人员管理的公共服务职能。 基于目前数目庞大的外国人和外国机构,只有将境外人员管理工作的各项措施落实到基层派出所才能产生和发挥公安管理的整体效应,切实有效地解决管理失控问题;对境外人员的管理要发挥基层派出所的优势,实行属地管理。 针对管理中遇到的实际困难,以及管理国际化程度、透明度原则和自身业务素质提高的要求,公安机关的涉外执法水平亟待提高,加强国际警务合作刻不容缓,更重要的是社区管理的理念要充分高效地贯彻执行。 对境外人员的管理还应该注意完善出入境管理法律、法规这个方面。重点是认真研究加入WTO后出现的新情况,结合WTO的有关原则和国际惯例,制订有关涉外法律、法规,以填补公安立法的空白。特别是在金融贸易领域、跨国犯罪领域、涉外领域、旅游市场已出现公安执法的盲区。
[Abstract]:The operation mechanism of entry-exit management in China is a part of the modern police operation mechanism, while the management of foreign personnel is a part of the national administration and a special business of the public security organs of our country. Under the accelerated pace of the western development, the deepening development of the reform and opening-up situation, and the new situation of China's accession to the WTO, the number of overseas personnel who come to Shanghai to live, engage in business, tourism, and other activities continues to increase, and the proportion of foreign-related police affairs continues to increase. The management of overseas personnel has become increasingly onerous and severe, and has exposed many deficiencies and shortcomings, as manifested in: the overall mechanism of effective handling of foreign-related cases and security prevention has not yet been fully formed, and the only working mechanism is not functioning in place. Foreign personnel localization management is not strong, foreign-related laws and regulations and technical means are not perfect or even backward. Based on the new public service theory, aiming at the current situation and deficiency of foreign-related management, this paper directly faces the challenge of foreign-related management, grasps several aspects that need to be improved, and actively ponders the work of entry-exit management in Shanghai. This paper puts forward the idea of strengthening the construction of public service capacity of public security organs and giving full play to the public service function of police in our country so as to perfect the management of personnel outside Shanghai. In order to give full play to the public service function of the personnel management outside the public security organs, the author thinks that only by persisting in innovation and carrying out the construction of public service ability, the author thinks that the management of personnel outside Shanghai should be discussed in this paper. Based on the large number of foreigners and foreign organizations at present, it is only by implementing the measures of management of foreign personnel to the grass-roots police stations that the overall effect of public security management can be brought into play and the problem of out-of-control management can be solved effectively. The management of overseas personnel should give full play to the advantages of grass-roots police stations and carry out territorial management. In view of the practical difficulties encountered in management, as well as the requirements of the degree of internationalization of management, the principle of transparency and the improvement of their professional qualities, the level of law enforcement concerning foreign affairs of the public security organs needs to be improved urgently, and it is urgent to strengthen international police cooperation. More importantly, the concept of community management should be fully and efficiently implemented. Foreign personnel management should also pay attention to the improvement of immigration management laws, regulations and this aspect. In order to fill the gap of public security legislation, the emphasis is to carefully study the new situation after China's entry into the WTO, and to draw up laws and regulations concerning foreign affairs in the light of the relevant principles and international practices of WTO. Especially in the field of finance and trade, transnational crime, foreign-related fields, the tourism market has appeared blind areas of public security law enforcement.
【学位授予单位】：上海交通大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D631.46
本文编号：2450660
[Abstract]:The operation mechanism of entry-exit management in China is a part of the modern police operation mechanism, while the management of foreign personnel is a part of the national administration and a special business of the public security organs of our country. Under the accelerated pace of the western development, the deepening development of the reform and opening-up situation, and the new situation of China's accession to the WTO, the number of overseas personnel who come to Shanghai to live, engage in business, tourism, and other activities continues to increase, and the proportion of foreign-related police affairs continues to increase. The management of overseas personnel has become increasingly onerous and severe, and has exposed many deficiencies and shortcomings, as manifested in: the overall mechanism of effective handling of foreign-related cases and security prevention has not yet been fully formed, and the only working mechanism is not functioning in place. Foreign personnel localization management is not strong, foreign-related laws and regulations and technical means are not perfect or even backward. Based on the new public service theory, aiming at the current situation and deficiency of foreign-related management, this paper directly faces the challenge of foreign-related management, grasps several aspects that need to be improved, and actively ponders the work of entry-exit management in Shanghai. This paper puts forward the idea of strengthening the construction of public service capacity of public security organs and giving full play to the public service function of police in our country so as to perfect the management of personnel outside Shanghai. In order to give full play to the public service function of the personnel management outside the public security organs, the author thinks that only by persisting in innovation and carrying out the construction of public service ability, the author thinks that the management of personnel outside Shanghai should be discussed in this paper. Based on the large number of foreigners and foreign organizations at present, it is only by implementing the measures of management of foreign personnel to the grass-roots police stations that the overall effect of public security management can be brought into play and the problem of out-of-control management can be solved effectively. The management of overseas personnel should give full play to the advantages of grass-roots police stations and carry out territorial management. In view of the practical difficulties encountered in management, as well as the requirements of the degree of internationalization of management, the principle of transparency and the improvement of their professional qualities, the level of law enforcement concerning foreign affairs of the public security organs needs to be improved urgently, and it is urgent to strengthen international police cooperation. More importantly, the concept of community management should be fully and efficiently implemented. Foreign personnel management should also pay attention to the improvement of immigration management laws, regulations and this aspect. In order to fill the gap of public security legislation, the emphasis is to carefully study the new situation after China's entry into the WTO, and to draw up laws and regulations concerning foreign affairs in the light of the relevant principles and international practices of WTO. Especially in the field of finance and trade, transnational crime, foreign-related fields, the tourism market has appeared blind areas of public security law enforcement.
【学位授予单位】：上海交通大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D631.46
【引证文献】
相关硕士学位论文 前6条
1 倪姗姗;论重塑我国外国人入出境管理制度[D];华东政法大学;2010年
2 王海勤;广州外国人警务管理创新模式的研究[D];兰州大学;2011年
3 罗超群;民国时期外人出入境管理初探[D];湖南师范大学;2011年
4 陈纯;公安出入境管理制度研究[D];苏州大学;2009年
5 韩冬梅;签证法律制度研究[D];大连海事大学;2009年
6 梁家全;人员流动的全球化与我国外国人入出境管理对策研究[D];汕头大学;2010年
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