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Research On The Matter Of Legal Guarantee For The Police Rights In Law-enforcement Practice

Posted on:2014-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:S XuFull Text:PDF
GTID:2296330425978611Subject:Police science
Abstract/Summary:PDF Full Text Request
In March2012, the amendment to the Criminal Procedure Law was issued byour country, of which scholars think that the biggest progress in the rule of law lies inthe protection of human rights is written in the fundamental task of the law adjustment,which reflects China’s increasing emphasis on the protection of human rights.Through this amendment and the understanding of the related theory of policeenforcement and protection of human rights, we found that the protection focuses onthe law enforcement specific to the police, that is the civil rights, and as for the policewho enforce the Criminal Procedure Law task are often restrained as the opposite sideof human rights and particularly emphasis on the regulation and supervision of policeenforcement powers, while ignoring the protection of the rights of police enforcement.However, the protection of human rights is not only the related enforcement lawcounterpart’s rights, the police is also an important part of the public and even is adefender of the public, and shall have the right to get the fairness and justicesdeserved by all the groups thanks to the legal society. And the risk of the policeprofession itself making it the occupational group which sacrifices most in a peacefulage which deserves greater protection, but the current situation is that the police lawenforcement rights is increasingly infringed and becoming more and more serious.The most prominent performance is that violence threatened the law sufferings threat,revenge, malicious prosecution, framed and malicious complaints which bring greatchallenge to the law enforcement authortity of public security organs. Practice showsthat if the interests of good police officers in the course of their duties can not beeffectively safeguarded, it is bound to directly affect the properly perform of publicsecurity agencies to fight crime and the maintenance of law and order, the protectionof people’s lives and property safety duties, which is not conducive for the police toeffectively improve the ability of law enforcement to fulfill their duties, and civilrights can not be effectively protected. Therefore, I think it is necessary to attachimportance to the protection of the interests of police enforcement, and take theprotection of the interests of police enforcement and ultimately improve the lawenforcement capacity of the police as the fundamental direction, and make a researchon this problem. The full text is divided into the following three parts in addition to theintroduction and acknowledgments:The first part, through theoretical analysis of basic concepts of the police lawenforcement rights protection and the source of its rights and interests, and on thispremise, to define the meaning and content of the police law enforcement rights, asthe legal concept is the starting point of the legal issues, so this part is the logicalstarting point of the research of this paper.The second part, introduce the most outstanding performance of our police lawenforcement interests, and comprehensively analysis its causes. Only in this way canwe find a reasonable path for the Protection of the Rights and Interests of policeenforcement.The third part, mainly based on the reality of our country, draw lessons fromforeign reasonable rights and interests of police law enforcement system, to optimizethe environment of police law enforcement, improve the police law enforcementability as the ultimate foothold, through the sense of security, professional guarantee,system guarantee, the guarantee of the police, the external mechanism to safeguardthis five aspects to explore the path of the law enforcement of the rights and interestsprotection in our country at a present stage.
Keywords/Search Tags:the police, the police law enforcement rights, safeguard, professional risk, the police law enforcement activities
PDF Full Text Request
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