Research On Protection Of Rights And Interests Of The People's Police

In recent years,the phenomena that violate the rights and interests of the People's Police have always been in the headlines of news media.The statement that the public security organ as the organ of power with the nature of violent which is aimed to control social order and protect civil rights has been a vulnerable group frequently appears in the news media.For the past few years,the behavior of violent resistance to law and violently assaulting the police is more and more intensified.The seriousness of the problem has aroused widespread concern and discussion among the domestic scholars and the People's Police,which has been an urgent problem that is needed to solve for the country and the community currently.However,how to effectively guarantee the rights and interests of the People's Policefrom being infringed so that the police's personality,health,even the right to life can be fully protected,has been the current hot topic of the People's Police.So far,China has initially established a systematic legal norms of the public security,but it is undeniable that this system has coarseroutline and weak operation and that the present protection degree of the People's Police relative to the infringement of law enforcement power is not enough.This requires that the country and society should pay much more attention and thinking to putting the protection and demand into practice.Since entering the new century,therights and interests construction of the People's Police of the Public Security Organ has taken the guarantee of the rights and interests of the People's Policeas important content.However,the rights and interests protection of the People's Police is not perfectand the guarantee mechanism to the People's Policehas not yet formed,what's more,the implementation of the rights and interests protection of the People's Place is involved in the law,economy,politics and culture,so the current protection of the rights and interests of the People's Police is still in an absent state.As a result,this not only seriously dampens the enthusiasm and the recognition aboutthe work of the People's Police,but also inevitably affects the authority of law enforcement agenciesin China,and furtherhinds the the quickeningconstructionof a just and efficient socialist judicial system.To our comfort,the Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning Comprehensively Deepeningthe Reformadoptedat the Third Plenary Session of the 18 th Central Committee of the CPC put forward the requirement ofguaranteeing the rights and interests securityof the judges,procurators and the police.For the first time,the rights and interests of the People's Policeweredetermined in the forms of the party's highest meeting,which requires the law and police academia to speed up the research and thinking of the rights and interests protection of the People's Police andput forward effective countermeasurestoguarantee the rights and interests securityof the People's Policeas soon as possible.Whether in the theory or the practice,it both should provide strong theoretical support for the system construction of the rights and interests ofthe People's Police.Given this,this thesis puts forward the researchpropositionon the safeguard mechanism to guarantee the rights and interests of the People's Police of the Public Security Organs,which is aimed to accelerate the pace of theoryin the context of comprehensively advancing rule of law,then put the subject that constructs the rights and interests of the People's Policeof the Public Security Organsinto the systems engineering of the judicial system reform to study.In addition,be to emancipate the mind,dare to touch the blind spot of the rights and interests protection of Public Security Organs and strive to make the thinking of research synchronized with comprehensively promoting the reform of the judicial system,so as to makethe countermeasures that protects the rightsand interests of the People's Police of the Public Security Organs more comprehensive,more targeted and maneuverable,which provides scientific and effective theoretical supportfor the government to formulate relevant policies.What's more,this thesis adopts the method of the literature and comparative analysis.Aftermainly studying the very little research literatureof the judicial system on the protection of the rights and interests of the People's Police and the materials of the police security in current domestic and foreign countriesbefore and after18 th CPC National Congress,it arrives at the research on the rightsand interests protection systemof public security police,which mainly focuses on strengthening the legislation,perfecting the system,strengthening the rights construction and establishing therights protection mechanism.These countermeasures are helpful to reduce the risk of the People's Policeand safeguard the Police's rights and interests of enforcing the law.In addition,in the process of the literature study,it is found that the concept study of "the protection of the rights and interests of the People's Police" is still blank.Therefore,the author uses comparative analysis to aim athow to put into practice the main contradiction that restricts the rights and interests safeguard mechanism to the People's Police of Public Security Organ onthe basis ofanalyzing the connotation and extension of "security" and "rights".Further more,this thesis puts forward the idea on how to construct the safeguard mechanism tothe rights and interests ofthe People's Police of the Public Security's Organs from several aspects.In addition to the introduction and conclusion,the main body mainly consists of four parts.In the first part,the author expounds the theoretical foundation of the lawenforcement power of the People's Police and expounds the connotation and extension of the concept of the People's Police and its lawenforcementpower and the relationship between the police'slaw enforcement power and the police's individual rights.It has the overall understanding of law enforcementpower of the People's Police.The second part explores the legality and necessity of safeguarding the rights andinterests of the People's Police.In the actual work of lawenforcement,the phenomena of blocking lawenforcement,violently assaulting police,false reporting,violentlyresisting lawenforcement,abuse of law enforcementpower and increasinglyworsening lawenforcementenvironment are constantly aggravating the lawenforcementpower of the People's Police.There are many reasons that cause these phenomena,but the fundamental cause is that the laws and regulations of our country to protect the lawenforcement power of the People's Policeare not perfect.On this basis,the thesis illustrates the significance that protects the lawenforcementof the People's Policefrom requirements of equality of rights and duties,safeguarding the authority of lawenforcement,achieving the purpose of lawenforcement and strengthening the team construction.The third part introduces the legislation on the lawenforcement power and rights and interests protection of the police in the United States,Japan,France,Singapore,the United Kingdom and Germanyin details.At the same time,the thesis makesan in-depth study of the police-related laws and regulations in Hong Kong and other regions,sums up the common oflawenforcement concept and law enforcement model in the advanced nations and regions and summarizes the practice of safeguarding the rights and interests of the People's Police in advanced countries and regions,which provides reference for nextperfecting the legal methods of rights and interests of the People's Police in our country.The fourth part puts forward the countermeasures and thoughts of perfecting the lawenforcement power and the rights and interests protection of the People's Police in our country.Basing on the reality of our country,aiming at the lack of legal protection of the rights and interests of the People's Police in our country,the author respectively puts forward the perfection of the lawsand regulations and the improvement of the legislative protection of the rights and interests of the People's Police;secondly,strengthen the internal construction of the People's Police and intensify the internal protection and awarenessof the rights and interests of the People's Police;thirdly,Strengthen self-construction of the People's Policeand multilaterally collaborate to change the currentsocial environment that is not conducive to lawenforcement;fourthly,increase the input and use of the equipment of the People's Police,clarify the use of the police equipment,and protect the legitimate rights and interests of the People's Police.This thesis hopes that it will ultimately realize the effective protection of the rights and interests of the People's Police,thereby continuously improve the legal system of guaranteeing rights and interests of enforcing the lawof the Chinese People's Policevia a number of measures proposed in the research.