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An Empirical Study On The Law Enforcement Model Of Public Security Organs In Preventing And Controlling Domestic Violence

Posted on:2023-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y K TangFull Text:PDF
GTID:2556306614473334Subject:legal
Abstract/Summary:
Family is the basics of the nation and society.If Chinese people lose their home,the nation will die forever.Family harmony is related to the prosperity of society and the nation.Conversely,the existence of domestic violence endangers social stability and national security.The Anti-domestic Violence Law of the People’s Republic of China clearly stipulates the concept of domestic violence and the duties of public security organs in the prevention and control of domestic violence,but the relevant provisions are still too principled and vague when applied to specific practice.Public security organs are public power organs of the state and have a special role and necessity in the prevention and control of domestic violence.This paper intends to study the law enforcement mode and the problems of public security organs in the prevention and control of domestic violence.Based on the empirical materials obtained in X grassroots police station,the empirical research method in sociology of law is mainly applied,this paper analyzes the law enforcement status of the public security organs in the prevention and control of domestic violence,and summarizes the concept,characteristics and existing problems of the law enforcement mode of the public security organs in the prevention and treatment of domestic violence.This paper presents the characteristics of passive,highly independent and negative attitude of public security organs in domestic violence law enforcement,as well as the problems in three aspects of ideological attitude,law enforcement procedure and prevention mechanism.The former is mainly manifested as passive police response,discretionary and perfunctory attitude in domestic violence prevention and control law enforcement,and mediation as the main way to solve temporary disputes.The latter is mainly manifested as "passive discovery" of domestic violence police situation,"free choice" of law enforcement procedure and "passive evasion" of law enforcement responsibility.The paper further explains the problems of the public security organs in the process of domestic violence prevention and enforcement in the street bureaucracy theory.The role of public security organs is defined from the perspective of street bureaucrats,and the reasons for the choice of law enforcement mode of public security organs are analyzed based on the street bureaucracy theory.Specifically,it includes the lack of law enforcement thinking and value concept of public security organs,unclear legal provisions and law enforcement procedures,and the imperfect supervision mechanism of relevant prevention and control and discretionary power.The article finally points out that the improvement of the law enforcement model for the prevention and control of domestic violence by public security organs needs to change the law enforcement thinking of public security organs,refine relevant law enforcement procedures,improve the prevention and control mechanism of domestic violence,change the passive law enforcement model into an active law enforcement model,change the status quo of handling after the fact,attach importance to the prevention work in advance and the control work during the event,and curb domestic violence in a timely manner from the source and process.
Keywords/Search Tags:Domestic violence, Street bureaucrats, Public security organs, Enforcement model, Empirical research
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