The Research On The Civil Law Protection Of The Police's Personality Right

At present,the researching of police enforcement in our country mainly focuses on the power to control but individual right and interests of the police has been ignored the.Especially in recent years,frequent public nuisance cases have been committed.The police who should combat crime and protect human rights have been frequently infringed.In practice,when the police under attacks,the policemen or their public security organs often take use of the criminal law or public security management law to punish the criminals,in order to defend the dignity of the law and the rights of the police,but the punishment couldn't rehabilitate the individual rights of the police damaged.In addition,the current partial theory holds that,in the similar cases such as obstruction of public affairs,the legal relations could only consist in the state and the administrative counterpart,but the individual personality not involved.Because the policeman is the agent of the state.If policeman damaged by the criminal,he shouldn't ask for help by civil law,because the administrative relationship between the police and the tortfeasor is not in balance,so the independent personality status of the police in the public affairs is denied.In addition,the police's injury insurance and the pension system are still imperfect,compared to the ordinary labourers who can obtain the double claim of the industrial injury insurance and the third party's tort compensation,but the police could only seek for the help of the pension within administrative system.Obviously the police's personality right is not protected as the ordinary people.In the context of network defamation,the protection of the right of reputation between the police and the ordinary citizens is not same.One aspect,the network defamation put a large number of police into the "law enforcement disputes",the policeman was forced to become "public officials",but compared with the traditional officials,the power force of the ordinary police is week.That's the reason which brings to a serious imbalance,that between the protection of personal reputation right and the public's freedom of speech.Therefore,to reexamine the protection of police personality right in public affairs,especially introduce the civil law to improve relief of police personality right,is not only the right of equality in the constitution,but also the practical need to improve the construction of the law in our country.Starting within the protection of the police's personality rights,this article focuses on the policeman who's job in the basic level.Emphasize on two aspects,one problem is the impact of the attack on the police's right to life and health,the other one is the influence by the network libel on the right of police's reputations.By combing the theory of "special power relations" and "public officials",as well as bring the tort liability of the third party into police's pension system.Furthermore to discuss the practicability which applies civil law into the protection of the police's right to life,health and reputation in our country.This article includes Part I to VII.From the analysis of the inferiorities of the right to life,the right to health and the protection of reputation of the police comparing to the others,analyze reasons that violate personal right to the police.Furthermore,the article emphasize the necessities and possibilities of civil remedies by comparing the mentioned protection of personal right from China to foreign countries.Finally,point out the basic design.Part I is the introduction.Brief on the protection of the police personal right,and raise the value of research and the meaning of protection based on the current situation.Then,find out the creation and lack of this article.Part II –base on the police personal right.From the facts of the violations to the police personal right,advance the importance of protection.Part III – discussion on reasons that caused the violations of the police personal right.Provide solutions based on the research of various analysis through the law,the administration of public security organs and the societies.Part IV – based on the violations of the right to life and the right to health while the police is on duty,demonstrate the possibilities of civil rights and civil remedies that the police entitles from the theory of special power relationship and double relief that entitle to general workers.Part V – estimations of the imbalance of the protection of rights and the freedom of speech from the research on the influence of defamatory libel of the police through internet.Then,emphasize the urgency of the right of reputation of the police under internet context.Part VI – from the point of Law improvement,provide solutions to the right to life,the right to health and the right of reputation of the police,which then raise attention on the protection of police personal rights.Part VII is the summary.Reorganize and improve the points mentioned in the article,and point out the direction to develop the police personal rights protection.