Public Security Organization And The Management Of Group Disturbance

This article gives us a brief analysis on Group Disturbance from a public security organization point of view. The theory and law circle have not formed a unified concept, and several perspectives exist on Group Disturbance at present. They have different expression, however, their basic features make them similar, and that is to say, all kinds of Group Disturbance, with certain hot spots of society as motivation, are based on social conflicts by group participants, who usually make extreme expression. It is intricate and complicated to define the reason for Group Disturbance, which can be attributed to history, social reality, domestic and international environment, and sometimes cultural education, moral ethics, values,inter-communication, as well as individual mind. Appealing to higher authorities for help together, joint petition, sitting quietly, even riotous behavior, containing government offices, holding a protest demonstration, going on strike, all of the above are concrete expressions of Group Disturbance. Although, it is safe to say that Group Disturbance is not reactionary politically and malicious subjectively, from the view of its start, expression, and participants. The conflicts, which happened in several levels of citizens, can be regarded as the ones among the people. No matter we evaluate it from the history or present point of view, it belongs to natural and common appearance in social development, instead of an exception of current Chinese society. Group Disturbance has double influences on society, so that the police should take advantage of its active influence, while limit the negative. So far, the Group Disturbance has not been completely and maturely fitted in law. Therefore, the legal status and power limits for the management of Group Disturbance by police is not clear, which tends to cause the misuse of police power in the management of Group Disturbance. Police should pay both attention to avoiding the following tendencies, such as "do everything" and "do nothing". As the main force in the management of Group Disturbance, the police should be purposive, legitimate, just, efficient, in proportion, and gives respect and protection to civil rights. Forcefully taking away from the spot, instantly keeping someone in custody and dispersing, all of the above can be carried out under certain related law in the management of Group Disturbance. Actually, the basic task for police is to predict Group Disturbance, maintain order for the site, and collect the evidence of illegal activities, and so on. For the concrete management, we have to strictly obey some principles under the leadership of party committee, that is to manage with other related departments, to prevent the conflicts getting worse, cautiously use police power, forceful measure, and police weapons, and legally firm management. The management of Group Disturbance being urgent and sudden, the police tends to enlarge the power limit and make an arbitrary decision. Thus, the infringement of civil rights occurs easily. Nevertheless, the nature of inherent conflict on Group Disturbance and the stipulation on civil rights from constitution defined that personal rights should be fully respected. As a whole, we must give the same importance to the protection of civil rights with the management in a Group Disturbance. It would not be a stretch to say that we can protect the civil rights in terms of strengthening legislation under the rule of constitution and law, establishing smooth and rapid mechanism for civil rights' expression, and setting up proper and legal mechanism for preventing civil rights getting hurt. With the keeping improvement of socialist legal system in our country, we strongly believe that the management of Group Disturbance will walk on the road of getting more standardized and legalized.