Study On The Present Situation And Countermeasures Of The Protection Of Police Rights And Interests In The New Period

General secretary Xi Jinping has pointed out that we should push forward the reform of public security in the new era which needs strengthening the protection of police rights and interests.Theoretical research on the protection of police rights and interests in China began late in the mid-1990s.So far,the academic circles have not reached a consensus on the concept of police rights and interests,and the research on how to improve the protection of police rights and interests is not systematic.On the other hand,violent attacks on police officers and obstacles to the normal performance of police duties are frequent,and the violation of police rights and interests is becoming more and more serious.It has a serious impact on social security and stability,national reform and the rule of law,and the well-being of the people.The police power is the main public power of the state.The police enforce laws on behalf of the state.Infringing police rights and interests is trampling on the state laws and provoking the state authority.To guarantee police rights and interests is the premise and foundation for the police to carry out their sacred duty and mission of safeguarding political security,maintaining social stability and guaranteeing the safety of people.The paper precisely defines the concept of police rights and interests,analyzes the current situation,characteristics and further reasons of police rights and interests being infringed,and constructs the comprehensive programme of the protection of police rights and interests in the new period.Chapter one scientifically defines the concept of "police rights and interests".Firstly,the paper mainly analyzes three concepts related to police rights and interests:"police","police power" and "civil rights",clearly defines "the protection of police rights and interests" as the protection of the rights and interests of public security police and accurately defines the concept,characteristics and specific contents of police rights and interests.The paper defines the concept of "police rights and interests" from the perspective of the private rights and the law enforcement rights of the police,summaries the characteristics of police rights and interests as legality,complexity and contradictory and clearly summarizes and enumerates the specific contents of police rights and interests from two aspects of individual rights and rights of law enforcement.Secondly,the practical significance of the protection of police rights and interests is demonstrated from five aspects.Finally,the development of the protection of police rights and interests is divided into the initial development period,the rapid development period and the comprehensive development period.Chapter two comprehensively analyzes the present situation of the protection of police rights and interests in the new period.The paper analyzes and summarizes four available ways of protecting police rights and interests in China:self-protection,administrative protection,legal protection and social protection,comprehensively sorts out the specific situation of police rights and interests being infringed and summaries the characteristics as violent attacks on police presenting new characteristics,the reasons of infringement being complicated,the means of infringement being diversified and the nature of infringement being explicit and implicit simultaneously.Chapter three comprehensively discusses the further reasons of police rights and interests being infringed in the new period.Interest is the basic cause of the infringement.The rights and interests of police as the object and subject of interest demand are infringed.Police rights and interests being infringed in the maintenance of national political rule,the implementation of social management and the provision of public services is the political reason for the violation of police rights and interests,absence of legal system and lack of operability are important legal reasons of infringement,defects of system setting,cognitive dislocation,police misallocation,the individual quality of police needing to be improved,inadequate consciousness and ability of the protection of police rights and interests are the direct causes of infringement from the public security,and social anomie,imbalance between the police and the public,misconduct of the media and inadequate social security are the social reasons for the infringement of police rights and interests.The fourth chapter discusses constructing feasible programme of the protection of police rights and interests in the new period.On the basis of the first three chapters,the paper puts forward scientific paths of the protection of police rights and interests.Firstly,political protection balances and guides the overall development of the protection of police rights and interests.Strengthening political protection of police rights and interests is the state obligation.In order to improve the protection of police rights and interests,we should take adhering to the leadership of the Communist Party of China,the people-oriented concept and the rule of law as the principle,strengthen and improve the leadership of the Communist Party of China,strengthen the notion of political protection,and consolidate the behaviors of political protection.Secondly,legal protection is the subjective protection of police rights and interests.Strengthening the criminal legislation of the crime of assaulting the police,revising and perfecting the Law of Police,the Regulations of the Police on the Use of Police Equipment and Weapons and the law of Public Order Administration and improving judicial guarantee are effective measures to strengthen the legal protection of police rights and interests.Thirdly internal security is the carrier of other measures.The public security organization should provide ideological guarantee by further comprehending the essence of the protection of police rights and interests and removing misconceptions,provide organizational guarantee through reforming the current police system,perfecting the supervision mechanism,constructing the institutions of protecting police rights and interests and standardizing the management of auxiliary police,provide hardware support by promoting the construction of police science and technology and improving the police equipment and provide soft security through strengthening the management of the police education and training,improving the system of "CongYouDaiJing".Fourthly,social security is a comprehensive reflection of the overall level of the protection of police rights and interests.Enhancing the social awareness of the protection of police rights and interests is the first step.Taking leading role of the police as the guide,constructing relationship of game and symbiosis between police and media and constructing the mechanism of the social security for police rights and interests are the practical path choices.The conclusion of the paper summarizes the main points.Some important issues are further explained and supplemented in the conclusion.