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The Study Of The Chinese Police Enforcement Upon The Perspective Of Civil Rights Protection

Posted on:2017-08-25Degree:DoctorType:Dissertation
Country:ChinaCandidate:S L GeFull Text:PDF
GTID:1316330485454947Subject:Marxism in China
Abstract/Summary:PDF Full Text Request
At present, with the deepening of the process of global political democratization, the enthusiasm of all countries around the world to protect the basic rights of citizens is getting higher, and strengthening the human rights protection in different degrees. In the meanwhile the basic rights of citizens is protected and performed by law, and the academic research in related fields is also growing in depth. On implementation of police law enforcement, it is found that the fight against illegal crime is not the only value pursuit, but a higher expectation——the protection of human dignity and personal rights. Therefore, human rights protection in the judicial activities in the world has gradually become a kind of priority concept, and has been seeking balance between fighting crime and protecting human rights. To pursue legitimacy of procedure has become a universal choice. The development of western policing has presented a warning:A police force which separates themselves from public, and does not attach importance to human rights protection, cannot get the public support. Even if it is well equipped, the rise of crime still cannot be effectively contained. Therefore, it is significant to study the relationship between police law enforcement and human rights protection in emphasizing and implementing the aim of police work, reshaping a good image of the police, improving the efficiency of the police work, effectively curbing crime, and keeping public security.The paper consists of six parts. The part of Introduction describes the origin of the topic and the value of research, introduces and reviews the research background and related research achievements. The basic connotation of "rule of law" and the main contents of "Chinese dream" are interpreted in the course of police law-enforcement. The research framework, the focal points, difficulties, research methods and innovations are also explained necessarily.The first chapter mainly studies the fundamental theory and the relationship between civic rights protection and police law-enforcement, and analyzes how to carry out law-enforcement by police from the perspective of civic rights. The conflict and balance between civic rights protection and police law-enforcement are especially analyzed and positioned. The barriers to realization and specific measures are further explored. It gives a theoretical answer on how to better protect the civic rights in the process of police law-enforcement.The second chapter focuses on the historical context to study the formation and development of civic rights protection and law-enforcement of Chinese police, discusses the initial formation of the awareness of civic rights, development, tortuous wandering and re-promoting as well as police law-enforcement in the historical background of various stages of evolution, methods and reality status.The third chapter focuses on the analysis and discussion of the current situation of the police law-enforcement and civic rights protection, fully analyzes the main problems and contradictions existing in current police law-enforcement. At the same time, the reasons for these problems are thoroughly interpreted. It is deduced by observing the current public security law-enforcement that the civic rights consciousness is indifferent, the concept of law-enforcement is backward, legal regulation needs perfecting, supervision and control system needs improving, which constitutes the main reason for the problems in police law-enforcement.The fourth chapter focuses on the analysis and discussion on how to protect civic rights in the law-enforcement by foreign police. Learning some mature experience from foreign police is beneficial to improve the law-enforcement standardization construction. Although there is a big difference in the judicial system, legal system, law-enforcement system of police law-enforcement at home and abroad, there are still many things in common in the concept, methods, supervision and standards of law-enforcement. It is intended to benefit Chinese law-enforcement work by briefly introducing and analyzing modes of foreign police law-enforcement.The fifth chapter gives a prospect towards the path of police law-enforcement from view of civic rights protection, proposes that it is the core of protecting civic rights to establish the concept of civic rights, construct the constitutional environment, restrict and supervise the authority of police law-enforcement. It is known that whether civic rights protection can be achieved or not depends on the legitimacy of police law-enforcement. Discussing the police law-enforcement from the perspective of civic rights protection helps understanding law of police law-enforcement and civic rights protection, and laying a solid foundation for resolving conflicts between them in practice?...
Keywords/Search Tags:civic rights, police law-enforcement, right protection, nomocracy
PDF Full Text Request
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