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Research On Citizen Oversight System Of Police Law Enforcement In China

Posted on:2019-08-02Degree:DoctorType:Dissertation
Country:ChinaCandidate:X X TangFull Text:PDF
GTID:1366330572466854Subject:Legal theory
Abstract/Summary:PDF Full Text Request
From the 18th national congress to the 19th national congress,the state has been focusing on the construction of the power supervision system,and the improvement of the ways and means to citizen oversight.The aim is to put the power into the cage of the system through the perfect citizen overgight system.Therefore,the research on strengthening citizen supervision system is the spiritual of the 18th and 19th party congresses.As an important part of state organs,the police is endowed with many public powers by the state.In order to ensure the rational and lawful use of these public powers,the policemen's law enforcement activities must be supervised.In all supervision systems,citizen oversight is the most common social group.Because it is the most extensive supervision to policemen's law enforcement,and the most direct victims of policemen's improper law enforcement.So they have absolutely the right to the supervision the police.Therefore,the research scope of this paper is about how to perfect the systems of citizen oversight.The first,this paper studies the forms and reasons of police's dissimilation of law enforcement.The analysis is helpful to find perfect countermeasures.The dissimilation of police administrative law enforcement mainly manifests:law enforcement in improper,abusing of discretion,exercising power beyond the scope of authority and administrative inaction.The alienation of Prison law enforcement is in the abuse of sentence,parole and license.The reason of abusing power lies in the lack of internal supervision,the lack of transparency of law enforcement and the unsound external supervision system.In the external supervision system,citizen oversight is the most extensive and universal.It can be seen that institutionalized research on strengthening citizen oversight is a powerful measure to correct the police's misduct action.Secondly,Since the design of the system cannot be separated from the guidance of theory,this paper first studies four heoretical basis:the theory of people's sovereignty,the theory of power restriction,the theory of principal-agent and the theory of good governance.Through the research,it can be clearly seen that citizen oversight is the practical manifestation of the theory of people's sovereignty.Through the exercise of various supervision rights,people can correct the exercise of public power,and realizing people being the masters of the country.The theory of power restriction points out the necessity of citizen oversight.The principal-agent theory points out the source of citizen's right of supervision,and points out that establishing sunshine government is the basis of citizen's effective supervision,which provides the theoretical basis for the establishment of police open system.The theory of good governance points out that the establishment of responsive government is an important guarantee for the realization of citizen supervision.Only when the government responds,citizens' opinions and Suggestions can have an impact on the government,and the actual effect of supervision can be seen.Thirdly,this paper also studies the basic principles of citizen oversight.this paper argues that citizens should abide by two basic principles when people is exercising their right of supervision.the first is the rule of law,the other is the principle of seeking truth from facts.The principle of rule of law emphasizes that citizens should supervise according to law.Only by supervising according to law,citizens'supervising activities can be guaranteed.The principle of seeking truth from facts requires,citizens don't abuse their right of supervision.It will hurt the police's enthusiasm for law enforcement if people abuse their right of supervision.At last,this paper makes a deep analysis of the specific citizen supervision system in China.The civil supervision system mainly includes the police specially invited supervisors inspection system,the public security complaint reporting system,the police report and complaint system and the police open system.In these systems,relatively speaking,there are more institutionalized researches on the public security complaint reporting system and the police open system.there are few researches on special police supervisors system.Therefore,this paper conducts a more in-depth study on the police special supervisor system,in order to fill in the blank about this aspect.The perfect police specially invited supervisor system is a good platform for citizens to exercise their right of suggestion and criticism.However,there are some problems with this system,such as:institutionalized in the personnel selection mode and working mechanism.These questions affect its role playing.It is necessary to carry out systematic reform on its selection mode and working mechanism.In addition,the police complaints system is an important system for the realization of citizens' right of prosecution.Therefore,in order to further promote the fairness of police handling complaints,it is necessary to strengthen the transparent and standardized research on police complaints.The best way is to build a complaint handling mechanism under the supervision of the public.It can ensure the fairness of complaint handling process and results.So,this paper suggests the state can build a citizen complaint investigation committee.The investigation committee iscomposed of ordinary citizens,given its independence requires.it can fully involved in the handling of police complaints.It can avoid the public security organs"black-box",and promoted the public confidence in the public security organ.
Keywords/Search Tags:Citizen Oversight, People's Sovereignty, Power Restriction, Principal-Agent, Good Governance, Special Supervisor
PDF Full Text Request
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