Deficiency And Improvement Of Police Rescue And Related Legislation

Police danger assistance refers to the administrative act that the police give relief to citizens,legal persons and other organizations who are infringed upon or in danger according to laws,regulations,rules and other normative documents.There has been a controversy in criminal law academia about whether to stipulate one’s general duty to rescue the victim in the criminal law.However,the narrow general to rescue the victim has not yet legalized,so that the duty of citizens to assist in rescue can not be enforced through legal means.In order to protect the rights and interests of citizens in danger,police distress rescue,as an integral part of police power,must be strictly regulated.Although as early as 1995,Chinese People’s Police Law has already included danger assistance in the duty of police organizations,on the one hand,there are only principled and general provisions for police danger assistance,but no explanations or enumerations of danger,on the other hand,there is no punishments.In the current legal norm system of police danger assistance in China,there is legislative deficiencies such as the indistinct definition of danger,the irregularity of danger assistance procedures,the unclear responsibilities and statutory exemptions.In recent years,with the increase of media coverage of dangerous and disastrous events,the appeal of citizens for administrative assistance has become higher and higher,and police danger assistance also plays an important role in social life.However,in practice,the police are facing many difficulties in rescue:on the one hand,non-police help request is not an individual phenomenon,there are a large number of non-police help requests everyday throughout the country,a large number of non-police activities occupy limited police resources,resulting in a great waste of public resources.On the other hand,when facing dangers beyond their abilities,the policemen are worried about "Iose my life,or lose my job".The public also misunderstand the police danger assistance.In the last century,misled by the promises made by the police organization,such as "Have difficulty finding the police" and "Four have four necessities",people believe that policemen are omnipotent and that disputes and disputes often arise when rescue fails to achieve its desired effect.At the same time,some policemen are slow in fulfilling their obligations on danger assistance,which has damaged the image of the police and deteriorated the relationship between the police and the people.The author puts forward some suggestions on improving the legislation of police danger assistance,from six aspects of defining the scope of police danger assistance,standardizing the procedure of police danger assistance,defining the responsibility,stipulating the exemption reasons,perfecting the relief system and perfecting the internal regulations of administrative organs,and puts forward some suggestions on setting up the specific disposal procedures of several common police danger assistance situations,in order to promote the standardization of police danger assistance work.