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The Alienation And Reposition Of Police Power Function

Posted on:2019-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y YanFull Text:PDF
GTID:2416330545464926Subject:legal
Abstract/Summary:PDF Full Text Request
Police power,as the coercive force of the country,has the functions of service,human rights protection and law enforcement.For a variety of reasons,these functions deviate from their main way in practice.In some areas,police power has been too "generalized" and overused,on the contrary,it is too depressed in areas where it should be performed.Generally say,“They don't do what they should do,but disorderly do what they shouldn't do”.The "strong" and "weak" opposites make the function of police power ineffective.This thesis aims to analyze the manifestation and causes of the alienation of police power function from the theory,and put forward specific rectification measures according to the reasons,so as to return to the main standard of police power function.This thesis includes three parts,the first part introduces the concept of the right of the police,function,purpose,character,historical development and the specific content of the police power function was generalized,the thesis addresses the specific content of these functions.The second part introduces the manifestation and reason of the alienation of police power.The strong and weak opposition of police power is the main manifestation of its dissimilation.On the one hand,the right of the police "too much" manifests in the complex public security organization system.The phenomenon of cross department and function distribution make police power distribution in all aspects of social life,"I call the police for anything." reached consensus in people heart.The police power has made an entire monopoly of everything,resulting in the generalisation of police power.In addition,due to the implementation of "a combination of bars and blocks" in our country,the local government has the financial resources and the government's intervention in law enforcement is serious.And the police treatment is low,power boundary is unknown,discretion large and lack of effective supervision,cause the police abuse of power,public security bureau chief for the leading system is virtually expansion of government deputy police power;On the other hand,police power is "too weak".It is reflected in the police inaction,inadequate service function and low efficiency of law enforcement,so that the interests of citizens are impaired.In turn,under the influence of media and other external influences,the police's credibility is declining,causing people to disobey the police's orders and even attack the police,and the authority of the police is constantly being lost.The third part introduces the concept and concrete measures of homing the police power function.On the basis of grasping the core of human rights protection as well as following the principle of proportionality and procedural justice,the police power is weakened in the "too strong" and stronger in "too weak".At the institutional level,based on the recent reform plan of the state council,the reform of the "super-ministry system" of public security was deepened to clarify the position of the police.To change the "block-oriented" public security management that is incompatible with The Times to reduce the government's interference in police work.At the same time,the reform of the public security chief in the administration of the deputy government of the improper leadership system to strengthen the police power supervision;At the legal level,a uniform police law is established,and the right to police can be obeyed.We will improve judicial review to strengthen supervision and curb the abuse of police power.At the same time reasonable arrangement of police treatment to mobilize the police work enthusiasm;In terms of society,the use of network media to enhance the authority of the police,at the same time make full use of the citizens and the media supervision over the police,prompted the police to perform the job,better play to its positive function.
Keywords/Search Tags:Police Power Alienation, Human Rights, Law Enforcement, Principle of Proportionality
PDF Full Text Request
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