警察體制研究
發(fā)布時間：2019-02-16 14:29
【摘要】：警察體制是一個國家關于警察機構的設置、管理權限的劃分以及警察編制規(guī)定的制度,其設計科學合理與否直接決定警察權運行的成效。我國的警察制度脫胎、成型于革命時代,發(fā)展、成長于改革時代,并于上世紀80年代中期正式形成了“統(tǒng)一領導,分級管理,條塊結合,以塊為主”的頗具中國特色的體制模式。這種警察體制形成于我國計劃經濟向市場經濟轉型的時期,大力確保了黨對警察工作的絕對領導,保證了政令統(tǒng)一和警令暢通,落實了警察工作屬地管理原則,充分發(fā)揮了地方黨委和政府維護地方社會治安工作的主動性、積極性。但是隨著我國經濟的迅猛發(fā)展,我國的政治、文化等制度都隨之發(fā)生了巨大的變遷。一方面是法治、自由、人權意識的覺醒,“依法治國,建設法治國家”已經成為了我國社會主義社會發(fā)展的主要目標。相應的,國家行政機關也進行了多次機構、體制改革以及行政職能轉變,相比較而言,警察制度卻少有根本性的觸動。顯然,這種以懲治犯罪和維護秩序為警察中心任務的警察體制越來越難以適應當前社會發(fā)展需要,亟需有計劃的、理性的組織變革,以積極應對社會轉型,提高行政組織的效能和貫徹法治人權理念。另一方面是社會治安形勢的持續(xù)吃緊,民眾安全感的降低,雖然也采取了諸如“嚴打”、“專項治理”等一系列傳統(tǒng)管理手段,但這些措施的適用并未能有效的扭轉整個局勢,根本原因在于警察管理體制沒有作出相應的、整體性的變革以適應新的社會形勢。 本文擬從外國警察體制類型和發(fā)展趨勢的比較分析中探求我國法治型警察體制的建構,以合理劃分警察事權,規(guī)定警察保障機制,優(yōu)化設置警察機構,科學建立監(jiān)督體系和警務運行模式,使警察權得以合理的限制和科學的適用,而非單純追求控制犯罪、維護秩序而忽視了法治和人權的目標。我國警察體制改革還必須從我國的具體國情出發(fā),遵循我國政治經濟體制改革的總體目標,堅持黨的領導,同時,借鑒各國警務革命的先進理念,如警務現(xiàn)代化、警察的職業(yè)化、治安社區(qū)化,以期建立符合中國國情的現(xiàn)代法治型警察體制：首先,明確劃分警察權中央和地方事權,明確警務活動和非警務活動的界限,合理適用刑事偵查權和治安行政權。其次,嚴格遵循法定原則,合理規(guī)定警察編制,優(yōu)化配置警力機制,改革“倒三角型”警力分布的弊病,夯實基層警力,避免機關部門過多、人浮于事的現(xiàn)象,賦予基層更多的自主權。再次,實行警務機制改革,改革現(xiàn)行的刑事偵查體制、接處警機制和警務協(xié)作機制,以提高工作效率。最后,完善警察監(jiān)督機制,以保障警察權的合理限制和科學運行,通過上述方面的改革在整體上建立和完善符合我國國情的現(xiàn)代法治型警察體制。
[Abstract]:The police system is a national system about the establishment of police organization, the division of management authority and the regulation of police establishment. Whether the design is scientific and reasonable or not directly determines the effectiveness of the operation of police power. The police system of our country was born out of birth, formed in the revolutionary era, developed and grew up in the era of reform, and in the mid-1980s, it formally formed "unified leadership, hierarchical management, piecemeal integration," The system model with Chinese characteristics is based on block. This police system was formed in the period of transition from planned economy to market economy in our country. It ensured the absolute leadership of the party over the police work, ensured the unity of the government order and the smooth flow of the police order, and implemented the principle of territorial management of the police work. Give full play to the initiative and enthusiasm of local party committees and governments in maintaining local public order. However, with the rapid development of our economy, our political, cultural and other systems have undergone tremendous changes. On the one hand, the awakening of the consciousness of rule of law, freedom and human rights, "ruling the country according to law and building a country ruled by law" has become the main goal of the development of our socialist society. Accordingly, the state administration has also carried out many institutional reforms and administrative function changes, but the police system has few fundamental touches. It is clear that this police system, with the task of punishing crime and maintaining order as the central task of the police, is becoming more and more difficult to meet the needs of current social development and needs urgent planned and rational organizational changes in order to respond positively to the social transformation, Improve the efficiency of administrative organizations and implement the concept of rule of law and human rights. On the other hand, the continued tight social security situation and the reduction of sense of security have also adopted a series of traditional management measures such as "strike hard" and "special management", but the application of these measures has not effectively reversed the whole situation. The fundamental reason lies in the failure of the police management system to make corresponding, holistic changes to adapt to the new social situation. From the comparative analysis of the types and development trends of the foreign police system, this paper explores the construction of our country's law-governed police system, in order to reasonably divide the police power, stipulate the police security mechanism, and optimize the setting up of the police organization. The establishment of scientific supervision system and police operation mode makes the police power reasonable limitation and scientific application, instead of simply pursuing the control of crime, maintaining order and neglecting the goal of rule of law and human rights. The police system reform of our country must also proceed from the specific conditions of our country, follow the overall goal of the political and economic system reform of our country, adhere to the leadership of the party, at the same time, draw lessons from the advanced concepts of the police service revolution in various countries, such as the modernization of police affairs. The professionalization of the police and the communitalization of public security in order to establish a modern police system of the rule of law in accordance with China's national conditions: firstly, the police power should be clearly divided between the central and local authorities, and the boundaries between police activities and non-police activities should be clearly defined. The power of criminal investigation and the administrative power of public security shall be reasonably applied. Secondly, strictly abide by the legal principles, rationally stipulate the police establishment, optimize the police force allocation mechanism, reform the malpractice of the "inverted triangle" police force distribution, consolidate the grass-roots police force, and avoid the phenomenon of excessive number of organs and departments, and over-staffing. Give more autonomy to the grassroots. Thirdly, we should carry out the reform of the police mechanism, reform the current criminal investigation system, receive the police and cooperate with the police in order to improve the working efficiency. Finally, we should perfect the police supervision mechanism to ensure the reasonable restriction and scientific operation of the police power, and establish and perfect the modern law-governed police system according to the situation of our country through the reform of the above aspects.
【學位授予單位】：西南政法大學
【學位級別】：碩士
【學位授予年份】：2010
【分類號】：D631.1
本文編號：2424540
[Abstract]:The police system is a national system about the establishment of police organization, the division of management authority and the regulation of police establishment. Whether the design is scientific and reasonable or not directly determines the effectiveness of the operation of police power. The police system of our country was born out of birth, formed in the revolutionary era, developed and grew up in the era of reform, and in the mid-1980s, it formally formed "unified leadership, hierarchical management, piecemeal integration," The system model with Chinese characteristics is based on block. This police system was formed in the period of transition from planned economy to market economy in our country. It ensured the absolute leadership of the party over the police work, ensured the unity of the government order and the smooth flow of the police order, and implemented the principle of territorial management of the police work. Give full play to the initiative and enthusiasm of local party committees and governments in maintaining local public order. However, with the rapid development of our economy, our political, cultural and other systems have undergone tremendous changes. On the one hand, the awakening of the consciousness of rule of law, freedom and human rights, "ruling the country according to law and building a country ruled by law" has become the main goal of the development of our socialist society. Accordingly, the state administration has also carried out many institutional reforms and administrative function changes, but the police system has few fundamental touches. It is clear that this police system, with the task of punishing crime and maintaining order as the central task of the police, is becoming more and more difficult to meet the needs of current social development and needs urgent planned and rational organizational changes in order to respond positively to the social transformation, Improve the efficiency of administrative organizations and implement the concept of rule of law and human rights. On the other hand, the continued tight social security situation and the reduction of sense of security have also adopted a series of traditional management measures such as "strike hard" and "special management", but the application of these measures has not effectively reversed the whole situation. The fundamental reason lies in the failure of the police management system to make corresponding, holistic changes to adapt to the new social situation. From the comparative analysis of the types and development trends of the foreign police system, this paper explores the construction of our country's law-governed police system, in order to reasonably divide the police power, stipulate the police security mechanism, and optimize the setting up of the police organization. The establishment of scientific supervision system and police operation mode makes the police power reasonable limitation and scientific application, instead of simply pursuing the control of crime, maintaining order and neglecting the goal of rule of law and human rights. The police system reform of our country must also proceed from the specific conditions of our country, follow the overall goal of the political and economic system reform of our country, adhere to the leadership of the party, at the same time, draw lessons from the advanced concepts of the police service revolution in various countries, such as the modernization of police affairs. The professionalization of the police and the communitalization of public security in order to establish a modern police system of the rule of law in accordance with China's national conditions: firstly, the police power should be clearly divided between the central and local authorities, and the boundaries between police activities and non-police activities should be clearly defined. The power of criminal investigation and the administrative power of public security shall be reasonably applied. Secondly, strictly abide by the legal principles, rationally stipulate the police establishment, optimize the police force allocation mechanism, reform the malpractice of the "inverted triangle" police force distribution, consolidate the grass-roots police force, and avoid the phenomenon of excessive number of organs and departments, and over-staffing. Give more autonomy to the grassroots. Thirdly, we should carry out the reform of the police mechanism, reform the current criminal investigation system, receive the police and cooperate with the police in order to improve the working efficiency. Finally, we should perfect the police supervision mechanism to ensure the reasonable restriction and scientific operation of the police power, and establish and perfect the modern law-governed police system according to the situation of our country through the reform of the above aspects.
【學位授予單位】：西南政法大學
【學位級別】：碩士
【學位授予年份】：2010
【分類號】：D631.1
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