In the work of public security law enforcement, we should insist on safeguarding rights with power, restricting power with power, restricting power with rights and safeguarding rights with rights, vigorously strengthen and improve the protection of public security human rights, promote the mutual promotion of people's rights and social harmony and stability, and realize the goal of people-oriented law enforcement for the people.
In public security law enforcement, we must insist on ensuring power by power, regulating power by power, restricting power by rights, and safeguarding rights by rights, so as to strengthen and improve the protection of public security human rights, promote the harmony and stability between public sanatorium and society, and realize the goal of people-oriented law enforcement.
Chapter one: Introduction.
1. 1 Question: The human rights situation in China has not been better respected and maintained, and there are still many defects and deficiencies.
1.2 research purpose: this paper aims at xxx phenomenon, finds out the shortcomings between human rights protection and public security law enforcement from the perspective of human rights protection and law enforcement, and puts forward some suggestions on how to strengthen human rights, so as to strengthen the continuous extension and development of human rights protection in public security law enforcement and make the society more stable.
1.3 research methods: mainly refer to relevant information on the internet and related books on human rights protection and public security law enforcement to complete this paper.
Chapter two: Theoretical summary.
2. 1 The meaning of human rights:
2.2 Administration according to law is the key link to protect human rights: the so-called administration according to law means that the power of state administrative organs must be granted by law, and all administrative organs must act according to law. In our country, the law on human rights protection is mainly implemented by the state administrative organs, and whether it is administered according to law becomes the key to whether the legal provisions on human rights protection can be put into practice.
First of all, the state administrative organs are the executive organs of state power. Under the authorization of the Constitution and laws, it shoulders the mission of defending national sovereignty and security, maintaining social order, leading and managing socialist economic construction, cultural undertakings and social affairs. Safeguarding national sovereignty and security, good social order and developing socialist economy and culture are important conditions for safeguarding human rights.
Secondly, the state administrative organs are the maintenance organs of social and political order, economic order and cultural order, and shoulder the task of eliminating hidden dangers, resolving contradictions and resolving disputes. Only by administering according to law, correctly handling various contradictions and disputes, and making the society develop in an orderly way, can people's rights and interests be guaranteed.
Third, the state administrative organs are the supervisory organs of non-governmental organizations and companies. Under the condition of socialist market economy, non-governmental organizations and companies are playing an increasingly prominent role in human rights protection. Strengthening the support for non-governmental organizations and the supervision of companies and enterprises to make them develop healthily is an important task of our administrative organs in the new period.
Finally, the state administrative organs and their staff have administrative power. Only by strictly administering according to law can they use their power fairly and reasonably, constantly strengthen self-discipline and ensure that citizens' rights are not illegally violated.
Chapter III Problems and Analysis
The public security organ is an important law enforcement organ in China, which has the power to enforce the law. Due to the influence of traditional legislative ideas, public security organs often emphasize law enforcement over human rights protection, and there are many problems in the specific system, which leads to great deficiencies in the human rights protection system of public security organs in China. The human rights situation, including public security organs, has not been better respected and maintained, and there are still many problems. If the concept of the supremacy of law is not strong, law enforcement is illegal; Privileged thinking is serious and goes its own way; Violation of legal procedures and arbitrary law enforcement; The concept of the masses is not strong, and the interests of the masses are seriously violated. This is obviously not conducive to the protection of human rights in China.
Chapter IV Countermeasures and Suggestions
First, to respect and protect human rights, public security organs must establish a correct view of human rights.
Socialism with Chinese characteristics's view of human rights, which is full of the spirit of the times, determines the new development of public security organs' views on function, responsibility and power. To comprehensively promote public security work in the new century and new stage, we must grasp the "master switch" of renewing ideas, highlight and deepen the constitutional spirit of respecting and safeguarding human rights, use it to examine the traditional concepts of public security work, and establish a correct view of public security functions, responsibilities and power.
(1) Examine the concept of public security function with the constitutional spirit of respecting and safeguarding human rights. As a superstructure, public security organs have distinct class nature, which is embodied in the unity of class nature and people's nature and embodies the function of people's democratic dictatorship. After the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China, our party has historically pointed out that the exploiting class as a class has been eliminated in our country at this stage, class struggle is no longer the main contradiction in our society, and the focus of our party's work must be shifted from "taking class struggle as the key link" to economic construction. This basic judgment of historical materialism has ended the shackles of the "Left" ideological line on people for many years and promoted the great progress of society. Therefore, while performing the functions of people's democratic dictatorship according to law, the public security organs should more prominently perform the functions of respecting and safeguarding human rights, and show the people-oriented spirit of the times under the guidance of Theory of Three Represents Theory.
(2) Examine the concept of public security duty with the constitutional spirit of respecting and protecting human rights. Public security organs shoulder the important responsibility of safeguarding national security and social stability. It is precisely to protect people's lives and property and ensure the realization of human rights of the broad masses of the people by implementing the policy of "strike hard", strengthening the consciousness of "main business", cracking down on the enemy according to law, punishing crimes and maintaining social order. We serve the people and economic and social development in order to respect their human rights, meet their growing material and cultural needs and safeguard their fundamental interests. Because the law gives the public security organs special power to restrict personal freedom, they have more important responsibilities in respecting and protecting human rights. Respecting and protecting human rights is written into the Constitution, which means that the state and people have put forward higher requirements for public security law enforcement activities. In the process of performing their duties, public security organs must attach great importance to the protection of citizens' legitimate rights, especially the respect and protection of the rights of vulnerable groups. Therefore, public security organs and their police must change the concept of valuing public rights over private rights, establish the concept of paying equal attention to public rights and private rights, and unify the concept of public security duties with the constitutional spirit of respecting and safeguarding human rights.
(3) Examine the concept of public security authority with the constitutional spirit of respecting and protecting human rights. All the powers of public security organs and their police come from and belong to the people. Therefore, in the process of exercising administrative power, administrative law enforcement power and criminal judicial power, we must be bound by law, resolutely avoid and put an end to the generalization and abuse of power, and avoid and put an end to the violation of human rights. In particular, law enforcement work involving citizens' personal and property rights should be handled in strict accordance with the law, from procedural law to substantive law. All public security police should establish and adhere to the people-oriented thought, regard respect and protection of human rights as the starting point and end result of all work, advocate humanistic care in public security work, and respect the human rights of all citizens, including criminal suspects. In the past, some police officers simply regarded such problems as "extorting confessions by torture", "passing the buck", "getting in the door is difficult, the face is ugly, the words are ugly, and things are difficult to handle" as problems of work style and methods, and they were indifferent and insensitive. Now, we must stand on the height of observing the constitution, re-recognize and seriously solve these problems of not respecting or even infringing on citizens' human rights.
Second, to respect and protect human rights, public security organs must innovate management mechanisms.
The respect and protection of human rights by public security organs must be based on public security laws and regulations in line with the spirit of the Constitution and guaranteed by scientific public security management mechanism.
(a) fully embodies the constitutional spirit of respecting and protecting human rights, and the basis for innovating and improving the public security management mechanism is the formulation and abolition of public security laws and regulations. Public security legislation and the current work of cleaning up public security laws and regulations must consider the public rights and individual rights of citizens as a whole and weigh the advantages and disadvantages. In particular, it is necessary to establish the concepts of "no punishment without explicit provisions of the law" and "no prohibition without explicit provisions of the law", amend and abolish those "management provisions" that infringe on human rights, and effectively protect citizens' legitimate rights.
(2) Fully embody the constitutional spirit of respecting and protecting human rights, and innovate and improve the police operation mechanism of "combining fighting with prevention and giving priority to prevention". Long-term public security theory research and public security work practice make us realize that "prevention first" can better reflect the constitutional spirit of respecting and safeguarding human rights and protect people's legitimate rights from infringement, which is a positive protective measure. In recent years, our city has actively built a social security prevention and control system based on the "three nets" of police prevention, civil defense and technical defense, effectively preventing and reducing crimes and ensuring the safety of people's lives and property. Vigorously implement the strategy of community policing, and successively introduce a series of service measures that are close to the people, love the people, benefit the people and facilitate the people, further strengthen the relationship between the police and the people, gain the understanding and support of the broad masses of the people for public security work, organize and mobilize more people to participate in social security work, and achieve obvious social effects in preventing and reducing crimes and effectively maintaining social security. In the future, we should study and explore the law of police operation in the spirit of Scientific Outlook on Development and seeking truth and being pragmatic, and according to the people's demand for social security, and constantly innovate and improve the police operation mechanism.
(3) Fully embody the constitutional spirit of respecting and protecting human rights, and innovate and improve the management mechanism of public security team. The construction of the public security team should stand at a new starting point of respecting and safeguarding human rights, establish and improve management mechanisms such as education and training, rewards and punishments, investigation of law enforcement faults and misjudged cases in accordance with standardized standards, and improve the overall quality and law enforcement level of the team. Over the years, public security organs at all levels in our city have carried out public policing activities, hired specially invited supervisors and established a spokesperson system, which has continuously enhanced the consciousness of protecting citizens' legitimate rights and shaped the overall social image of public security organs in respecting and safeguarding human rights. At the same time, we should innovate the police management mechanism, fully embody humanistic care, pay attention to the all-round development of the police, improve the working environment and living conditions of the police, safeguard the legitimate rights and interests of the police, fully respect and protect the human rights of the police, so as to enhance the police's human rights concept and promote the full implementation of the constitutional spirit of respecting and protecting human rights in public security work.
(4) Fully embody the constitutional spirit of respecting and safeguarding human rights, and innovate and improve the scientific evaluation mechanism of public security work and team building. Public security work is social work, so we should pay attention to and pursue good social effects. Ensuring public safety, dealing with the relationship between the public and the public, safeguarding public interests, and adhering to the openness, fairness and justice of public security work will inevitably receive good social effects. Leaders of public security organs at all levels should timely and accurately grasp the situation of police operation and team building, and protect the people's right to know. Therefore, it is very important to establish and improve a scientific and fair evaluation mechanism. Over the past few years, we have persisted in carrying out performance appraisal, which has played a positive role in promoting the development of public security work and the regularization of the ranks. In accordance with the requirements of respecting and protecting human rights, our evaluation focus has expanded from simply paying attention to the occurrence of criminal and public security cases and cracking down on illegal crimes to respecting and protecting human rights. The scientific evaluation system of "social security" and "public satisfaction" has been studied and tried out in the whole city, which takes people's voice as the first signal, people's needs as the first choice, people's interests as the first consideration and people's satisfaction as the first standard. Through the extensive participation of the masses, objective and comprehensive evaluation and supervision, we will promote the development of public security work and public security team to a higher level, higher quality and higher level, and strive to build a mighty civilized teacher trusted by the party and government and loved by the broad masses of the people.
Third, to respect and protect human rights, public security organs must regulate police behavior.
Public security policing behavior is the external expression of the functions, duties and powers of public security organs, and it must follow the spirit of the Constitution and take respecting and safeguarding human rights as the basic starting point. In public security law enforcement, the outstanding performance is one-sided emphasis on management and maintenance of public order, ignoring the protection of human rights. This shows that some police officers do not understand and attach importance to respecting and protecting human rights, and often only emphasize the importance of public order and public interests, and emphasize the obligation of citizens to abide by the law, while ignoring the responsibility of protecting human rights. These are the concrete manifestations of the concept of "police standard" in police activities. At present, in order to embody the constitutional spirit of respecting and protecting human rights and put "public rights" and "private rights" in a correct position, public security and police affairs must correctly handle three relations.
(a) to handle the relationship between law enforcement, management and service. Public security management is a statutory policing activity of public security organs and a government act serving the public. The purpose of management is to maintain normal social order according to law. The management we usually talk about is also service, that is, the purpose of management, that is, to fully embody the fundamental purpose of serving the people and obeying the guiding ideology of serving economic and social development in the specific police activities managed according to law. In this sense, management is service. Whether our management level is high or not and whether our management effect is good or not is essentially whether our service level is high or not and whether our service effect is good or not. Public security organs and their police should restrain themselves according to law, but they cannot restrain themselves. It is wrong to relax, give up or even cancel management for the sake of service. Especially pornography, gambling, drugs and other social evils, we must take a clear-cut stand and resolutely crack down and ban them. At the same time, we should realize that management is not equal to service. Emphasizing service in management and management in service means that all police officers are required to actively serve the people in the process of performing their management functions. Service function is an important function of public security organs in the new century and new stage. In many cases, respect and protection of human rights are achieved through the provision of services. With the continuous improvement of people's level of living and working in peace and contentment, the demand for a good public security environment is also growing. We should keep pace with the times, constantly improve our work, improve our law enforcement ability, management level and service quality, be responsible for the law and satisfy the people.
(2) Handle the relationship between public safety benefits and social benefits. The so-called public security benefit means that the public security situation continues to improve, which is mainly reflected in the people's sense of security; The so-called social benefit refers to the police activities.
The social influence of students is mainly reflected in people's satisfaction. These two benefits are both related and different. Their similarity lies in safeguarding and protecting human rights. The difference is that the public security benefits of police activities are direct benefits, while the social benefits of police activities are indirect benefits. Public safety activities emphasize the unity of public safety benefits and social benefits, and cannot simply pursue public safety benefits and ignore social benefits; Nor can we simply pursue social benefits and ignore public safety benefits. If one-sided pursuit of public security benefits, it is not "protecting people", but "managing people for public security", which will inevitably ignore the harmonious development of people and society and seriously affect social benefits, and the people will be dissatisfied. Public security organs should respect and protect human rights, pursue the unity of public security benefits and social benefits, and promote the coordinated development of socialist material civilization, political civilization and spiritual civilization when thinking about problems and deploying work.
(3) Handle the relationship between being a "backer" and being a "front spear". The state law endows the public security organs with criminal judicial power and administrative law enforcement power. When the law enforcement activities of other administrative departments such as taxation, industry and commerce, city appearance and quality supervision are illegally hindered, the public security organs shall support and guarantee them according to law. This is the "backing" role of public security organs. The "backing" role of public security organs in the process of economic and social development is very important. However, for some time, this "backing" function has been expanding, leading to a large increase in various non-police activities, which not only affected the image of human rights protection of public security organs and their police, but also triggered administrative litigation. Therefore, we must strictly administer, enforce and act according to law, put an end to the generalization and abuse of the power of public security organs and their police, perform the duties entrusted to public security organs by the Constitution and laws, and make good use of the power of public security organs. Public security organs must properly handle the relationship between being the "vanguard" and being the "backing". In combating crime and maintaining social order, the public security organs are, of course, the "front spears", and they must be invincible and invincible, and establish the image of a mighty teacher; Public security organs should do a good job of "backing" when cooperating with other administrative departments in law enforcement. Especially when assisting and cooperating with other administrative departments, but without the qualification of law enforcement subject, we should grasp the scale, stick to the position and not be offside, and implement the constitutional spirit of respecting and protecting human rights.
Chapter 5: Conclusion.
The public security organs shoulder the great political and social responsibilities of "consolidating the ruling position of the * * * production party, safeguarding the long-term stability of the country and ensuring the people to live and work in peace and contentment", and must implement the constitutional spirit of respecting and safeguarding human rights in all aspects of public security work. Respecting and protecting human rights is consistent with the humanistic concept of harmonious society in connotation and extension, which is the guiding ideology of public security law enforcement and the core content of modern law enforcement concept. So as to promote the construction of a harmonious socialist society and further consolidate the stable and harmonious development of society.
References:
Acknowledgement: This article was completed under the cordial care and careful guidance of my tutor xxx. His serious scientific attitude, rigorous academic spirit and work style of Excellence deeply infected and inspired me. From the topic selection to the final completion, teacher xxx has been giving me careful guidance and unremitting support. Sincere thanks and high respect to teacher xxx.