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Research On Case Guidance System Of Public Security Organs

Posted on:2021-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:H ZuFull Text:PDF
GTID:2506306104990549Subject:Master of law
Abstract/Summary:PDF Full Text Request
With the development of democracy and the rule of law in our country,the idea of administering the country according to law is gradually gaining popularity,and the people ’s awareness of the rule of law and rights protection is also becoming stronger and stronger.The whole society has shown a good atmosphere of the supremacy of law.As a result,the public has higher and higher requirements for the standardization of law enforcement by law enforcement officers,and the corresponding law enforcement supervision procedures have become more perfect.Changes in the external working environment have also put forward higher requirements for the implementation of law enforcement activities by public security organs.In order to improve the quality and level of law enforcement,and strengthen the credibility of law enforcement by public security organs.In 2010,the Ministry of Public Security implemented a case guidance system within the national public security system.However,during the operation of the specific system,due to the ambiguity of the effectiveness of the guidance case and the lack of operability of the system design itself,it is difficult to form a true combination of the case guidance system of the public security organs and the law enforcement practice of the public security,and it is difficult to effectively guide the case system.Play.In order to strengthen the correct application of laws and regulate the law enforcement activities of public security organs,we must make necessary improvements to the existing case guidance system of public security organs.This article first points out that the case guidance system of public security organs is a working system in which public security organs regularly select cases with guiding significance to guide public security administrative and criminal law enforcement activities.Furthermore,it is clear that the current case guidance system of public security organs naturally includes two subordinate systems: the case guidance system of administrative law enforcement cases of public security organs and the case guidance system of criminal law enforcement cases of public security organs.At the same time,the system design has a diversified selection of subjects,cases are not mandatory,and cases It is open to the public,the number of case releases is limited,but the release cycle is not limited,and the case has the administrative and criminal dual system attributes.Then the legal basis of the case guidance system of public security organs is combed from three perspectives: basic dimension,administrative law enforcement dimension and criminal law enforcement dimension.After taking the 59 guiding cases issued by the Legal Affairs Bureau of the Ministry of Public Security as the starting point,and combining with the actual operation of the system,the problems and deficiencies exposed by the case guidance system of public security organs in actual operation were analyzed.Based on this,we will draw on the practical experience of the Supreme People ’s Court ’s case guidance system and administrative law enforcement case guidance system,and propose targeted and improved public security organs ’case guidance from three aspects: optimizing the case selection system,Build a unified compilation and publication system,adjusting the effectiveness of case application,and Construct case tracking feedback and exit mechanism.Suggestions on the system,so that the case guidance system of public security organs can better serve the construction of public security law.
Keywords/Search Tags:public safety agency, Discretion, Case guidance system, applicable law
PDF Full Text Request
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