Research On The Theory And Path Of Safeguarding The Rights Of The Police Organizationally In China

Police are at the forefront of maintaining stability and fighting against crime,so they face the rigorous test every moment.In recent years,incidents of assaulting and insulting the police have occurred frequently,which seriously damages the law enforcement authority of the public security organs and the individual legal rights of police.Thus,''safeguarding the rights of the police'' has become one of the core of the current public security reform.Under the pressure of various enforcement problems at the grass-roots level,such as the involution of the rule of law,the irrationalization of public opinion and the generalization of accountability,the individualized rights protection of the police has fallen into the predicament of "no way to safeguard the rights " and "no way to appeal".In December 2018,the Ministry of Public Security issued the regulations on Provisions of Public Security Organs for Maintaining Police Law Enforcement Authority(hereinafter referred to as the "Regulations").This incident marks that the rights protection of the police in China has entered a new era of safeguarding the rights of the police organizationally.On the basis of the regulations,the public security organs at all levels have established the operation mechanism of safeguarding the rights of the police organizationally.Specifically,they have set up the rights safeguarding Committee(Office)as the permanent institution of safeguarding the rights of the police,founded the linkage mechanism of safeguarding the rights of the police organizationally,added the fault-tolerant mechanism of protecting the law enforcement of the police,improved the mechanism for the police clarification,and formed the organization's relief and pension mechanism for the police,etc.By the way,these contents have become an important basis for public security organs at all levels to carry out the work of safeguarding the rights of the police organizationally,and are useful explorations in line with China's national conditions.However,based on the different national conditions and basic systems,there are significant differences between the construction subject,purpose focus and ways of safeguarding the rights of police organizations in foreign countries and China.Therefore,for the overseas countries' police organization and rights protection construction mode,it should be used for reference reasonably in light of China's national conditions.Since the promulgation of the "Regulations",public security organs throughout the country have taken safeguarding the rights of the police organizationally as a key task.However,according to the results of the investigation in H City,East China,there are still some problems in the current construction of safeguarding the rights of the police organizationally,such as the lack of full-time rights protection personnel,the tedious procedures for rights protection,the failure of fault tolerance and exemption mechanism,the inadequate publicity of law popularization,and the lack of overall grasp of safeguarding the rights of the police,which need to be improved and corrected.It is an inevitable requirement of the current public security reform to explore the construction of a realistic and effective way to safeguard the rights of police in accordance with China's national conditions.Firstly,we should establish a professional team for safeguarding the rights of the police,so as to make the safeguarding work scientific;Secondly,we need to simplify the procedures for safeguarding the rights of the police and promote the concept of "fast safeguarding the rights";Thirdly,we need to establish a strict rights protection system to achieve insults and "zero tolerance" against the police;Fourthly,we should strive for the cooperation between the organizations and the media,so as to form a consensus of public opinion for safeguarding the authority of the police;Fifthly,it is necessary to establish a systematic project of safeguarding the rights of the police organizationally,and improve the initiative of the organization of safeguarding the rights;Finally,it is necessary to protect rights in accordance with the law and introduce strict supervision mechanism into the organized guarantee.Safeguarding the rights of the police organizationally is a new thing under the development and reform of China's Policing in the new era.Its existence has the inevitability and rationality.By the way,in the construction of safeguarding the rights of the police organizationally,we should pay more attention to the regulation of police's power,so as to prevent the construction of safeguarding the rights of the police organizationally from becoming the "iron shirt" and "protection umbrella" for the police's brutal law enforcement.