On The Standardization Of Criminal Law Enforcement In Public Security Organs

The standardization of criminal law enforcement is an important measure to implement the reform of the criminal procedure system centered on trial,an important connotation to comprehensively promote the construction of the standardization of law enforcement of public security organs,an important way to ensure the strict and fair law enforcement of public security organs in the new era,and an important measure for public security organs to protect the safety of one party and serve the people.Under the background of comprehensively promoting the rule of law,the standardization of criminal law enforcement of public security organs,as an important part of judicial reform,is of realistic importance and necessity to improve the rationality,peace,civilization and standardized law enforcement of public security organs.The first part of this paper is the introduction.First of all,through a brief introduction of the background of the topic,it is clear that in recent years,China has made some achievements in promoting the standardization of criminal law enforcement,but there is still a gap with the requirements of the rule of law society.Secondly,by expounding the nature of the public security organs,the restriction of law enforcement public rights and the protection of citizens’ private rights,this paper puts forward the practical significance of the research from the perspective of this topic.Thirdly,the domestic and foreign research on the law enforcement of criminal norms of public security organs is analyzed and compared.The existing research results mostly study the law enforcement power of public security organs or the standardization of law enforcement of public security organs from a certain perspective,which is relatively scattered.Finally,combining with the practice,the author briefly explains the research methods of this paper.The second part of this paper is an overview of the standardization of criminal law enforcement in public security organs.First of all,it explains the concept of law enforcement and standardization,clarifies the basic elements of criminal law enforcement standardization,and defines the connotation of criminal law enforcement standardization.In the process of handling criminal cases,the public security organs must carry out law enforcement acts in strict accordance with legal procedures,power categories,obligation categories,responsibility bearing and so on.They should not only enjoy legal functions and powers,but also perform legal obligations.Secondly,from the three aspects of ruling the country according to law,protecting civil rights and maintaining social justice,this paper demonstrates the important significance of public security organs in carrying out criminal law enforcement.The law endows the criminal law enforcement power to the public security organs,which must operate within the framework of the law.As far as the people are concerned,"the public security organs regulate the law enforcement" is a powerful barrier to protect their own rights and interests.Through the legal,reasonable and strict criminal law enforcement,the abstract fairness and justice can be directly presented as a value judgment of people on whether the entity and procedure are fair or not Better realization of social equity and justice has an important and specific role.The third part of this paper is the analysis of the relevant provisions of the standardization of criminal law enforcement of public security organs.First of all,it introduces the history of the standardization of criminal law enforcement in public security organs.Before the reform and opening up,law enforcement personnel lacked professional and systematic law enforcement training,and the level of standardization was relatively low;in 2008,the "Nanjing Conference" formally deployed the construction of law enforcement standardization;in May 2016,the leading group of the central government for comprehensively deepening reform reviewed and passed the opinions on deepening the construction of public security law enforcement standardization,marking that the construction of public security law enforcement standardization as an important strategy of governance To guide the national public security organs to carry out standardized law enforcement practice.Secondly,it analyzes the existing provisions and shortcomings of the standardization of criminal law enforcement in public security organs.Opinions on deepening the standardization construction of public security law enforcement,opinions on promoting the reform of the criminal procedure system centered on trial,and provisions on some issues concerning the exclusion of illegal evidence in handling criminal cases have been issued,which objectively set off a wave of standardization of public security criminal law enforcement,but the thoughts of law enforcement personnel have not been changed in time,and the system is still restricted by the imperfection Standardization level of criminal law enforcement.The fourth part of this paper is the problems in the standardization of criminal law enforcement of public security organs.First of all,the concept of criminal law enforcement dislocation still exists.In the practice of law enforcement,it is interfered by the wrong idea of presumption of pre emption,such as pursuing the result of case handling,neglecting the rules of procedure and so on;the relationship between punishing crime and protecting human rights is not handled correctly.Secondly,the basis of criminal law enforcement is not perfect.The case situation is complex,and the criminal laws and regulations are relatively general,and judicial interpretation focuses on common criminal crimes and lags behind.Thirdly,the supervision and evaluation of criminal law enforcement is not perfect.The internal and external supervision should be further strengthened,and the evaluation mechanism should be further improved.Finally,the main body of criminal law enforcement is relatively weak,and the guarantee of law enforcement is not sufficient.The ideological and political quality,legal literacy,professional level,physical quality and psychological quality of law enforcement subjects need to be improved;the distribution of public security organs is various,the economic development of various regions is unbalanced,and the law enforcement guarantee such as the funds and places for handling cases still need to be strengthened.The fifth part of this paper is the countermeasures and suggestions for the standardization of criminal law enforcement of public security organs.First of all,change the concept of criminal law enforcement,based on the concept of strengthening the rule of law,and conduct a deep baptism from the concept of law enforcement.With trial as the center,efforts should be made to improve the level of investigation;we should attach equal importance to entities and procedures,and improve the quality of law enforcement and case handling;we should respect and protect human rights,and strictly implement fair and civilized law enforcement.Secondly,improve the norms and guidelines of criminal law enforcement.First,we need to improve the fixed guidelines for the collection of evidence in multiple and major cases.Second,we need to make clear the accountability after the occurrence of criminal law enforcement faults.Strict accountability for faults should be an important device to prevent arbitrary exercise of power.Thirdly,we should improve the supervision and evaluation of criminal law enforcement."Learn to enforce the law in front of the camera,be used to handling cases under supervision",let rights operate in the sun,and truly realize social fairness and justice;at the same time,establishing a scientific and reasonable evaluation system can not only clarify the responsibility,but also restrict the behavior of criminal law enforcement personnel of public security organs.Finally,we should strictly control the import of criminal law enforcement personnel,strengthen professional training,improve the psychological and physical quality in order to achieve the purpose of improving the comprehensive quality of law enforcement subjects,and constantly strengthen the standardized guarantee of criminal law enforcement by increasing the funding guarantee,material guarantee and information construction.