Research on Public Security Letters and Calls in the New Period
"Strengthen law enforcement inspectors and strive to promote the standardization of public security inspectors"
Evaluation standard of economic responsibility audit of active public security forces
Research on the Legal System of Duty Infringement of Public Security Frontier Departments
"Adapting to the New Form and Doing a Good Job of Public Security Secretary"
On public security administrative law enforcement
"On People-oriented Management of Public Security"
Problems and Countermeasures in Public Security Administrative Law Enforcement
Selection and Innovation of Public Security Ideological and Political Work Methods in the New Period
Causes and countermeasures of main problems in public security administrative law enforcement
On the distinction between public security administrative behavior and investigation behavior in administrative litigation.
Problems and Countermeasures in Current Public Security Law Enforcement
On the Theoretical Construction of Public Security Administrative Law Enforcement Hearing System
Problems, causes and countermeasures in the current public security administrative law enforcement work
Problems and Countermeasures in Current Public Security Law Enforcement
Since the reform and opening up, the basic spirit of the rule of law has gradually taken root in the hearts of the people, from the establishment of the legal principle of "there are laws to follow, and those who violate the law will be prosecuted" to the proposal of the basic strategy of "ruling the country according to law and building a socialist country ruled by law". The rule of law has become an important goal of contemporary China's political and social life, and China has entered a new century of rule of law. To implement the rule of law, we must first have laws to follow. At present, it is no longer the main contradiction in the construction of rule of law in China. The key to the current rule of law is law enforcement.
As an important national law enforcement organ, the public security organ bears the dual functions of administrative law enforcement and criminal justice, and its law enforcement activities are an indispensable part of governing the country according to law. Although public security work involves all aspects, strictly speaking, it is actually law enforcement work. The level of public security law enforcement not only directly affects the overall situation of national political stability and social stability, but also relates to the majesty of the party and government and the image of public security organs. Therefore, law enforcement by public security organs is not only the need of establishing a country ruled by law, promoting the construction of political civilization and building a well-off society in an all-round way, because the market economy is bound to be an economy ruled by law. Modern society is different from the previous society, which is market-oriented in economy and democratic in politics, both of which need the rule of law to guarantee. Due to the large number of public security law enforcement activities and problems, public security organs must administer according to law, promote the construction of the rule of law, and fundamentally change the traditional concepts and law enforcement habits that have not adapted to the requirements of public security law enforcement. It is necessary to innovate the system, reform the mechanism, take the law as the criterion, learn to be good at using legal means to manage social security, and unify thoughts and actions with law enforcement. Only in this way can we comprehensively improve the overall law enforcement level of public security organs, ensure strict and fair law enforcement, and make public security law enforcement truly move towards the rule of law.
First, several problems that should be faced squarely when public security law enforcement moves towards the rule of law
At present, while fully affirming the great contribution made by the public security organs in cracking down on illegal crimes and maintaining social stability, the people have the biggest opinions and the strongest reactions to the public security organs, which are mainly caused by the weak concept of the rule of law and the defects of institutional mechanisms. Judging from the current situation of public security law enforcement, there are mainly laws that are not complied with, laws that are difficult to follow, laws that are not strict, laws that are difficult to check, and even phenomena that law enforcement is illegal and power is greater than law. Due to the influence and restriction of various factors, the construction of public security law enforcement is facing many obstacles.
1, outdated law enforcement concept
(1) The concept of "rule by man" is deeply rooted, and law enforcement is alienated from law enforcement. Due to the long history of feudal society in China and the deep-rooted feudal legal consciousness, it was deeply influenced by the traditional concept of "taking law as a tool". Although there are laws to follow, it is often easy to be spoiled in law enforcement. Habitual mentality and practices such as "replacing law with law" and "administrative intervention" artificially complicate cases and greatly reduce the relative independence of law enforcement, and the phenomenon that power is greater than law still exists to a certain extent. Strict law enforcement is alienated into discount, reconciliation, balance, and even taking care of relationships. In practice, the law enforcement police take a pragmatic attitude towards the law, and only regard the law as a tool used by public security organs to maintain social order, and use it whenever it is beneficial. There are still many phenomena of evading the law. Some people think that as long as it is to crack down on illegal crimes, it doesn't matter if it is slightly illegal, so that "entity is more important than procedure" and law enforcement is arbitrary; Some even "only have the purpose, by hook or by crook", extort confessions by torture, trample on the law and violate human rights; Some arbitrarily change or abuse coercive measures, and they have been delayed for a long time; Some people think that discretion can be arbitrarily controlled, which leads to law enforcement with emotions, human feelings and interests. This is contrary to the spirit of the rule of law that "law enforcers have no civilized regulations and law-abiding people have no explicit prohibition" and "discretion should be strictly controlled". It is many law enforcers and even legislators who hold the above understanding, thus providing an ideological basis for the continuation and spread of law enforcement under the rule of man. Whether it is the formal rule of law or the simple theory of legal tools, it is only the expression of the consciousness of rule by man. Undoubtedly, the problem of law enforcement by people misleads citizens' understanding of the rule of law to a certain extent and damages the public's trust in the rule of law. Therefore, it has become an urgent task to overcome and prevent the tendency of rule of law in a society ruled by law in China.
(2) The instability of law enforcement is the biggest obstacle to law enforcement. Due to historical and practical reasons, the reasons why the law enforcement authority has been damaged for a long time and it is difficult to rule by law mainly come from two aspects: first, the law enforcement is not strict, and many crimes that should be punished in time are at large, which encourages criminals to take chances; The second is to replace the law with criminal or administrative policies. For example, the punishment measures stipulated in some policies are clearly stipulated to be applied within a certain period of time, which leads to the loss of the principle of combining leniency with severity in law enforcement practice, and the irregular application of heavy punishment or light punishment, which also undermines the balance between crime and punishment and the operation order of the rule of law. Obviously, there are laws to follow, but they do not act strictly according to law and do not pay attention to daily law enforcement activities. On the contrary, they like to solve social security problems with simple administrative orders or with the help of sports models. This is reflected in law enforcement, that is, like to engage in temporary special rectification or sports-style layer-by-layer launch, it will treat the head and foot, resulting in a severe public security situation that "the defense can not be prevented" and a vicious circle. This is the result of unstable law enforcement.
2. There are problems in the public security system and law enforcement mechanism.
The defects of public security system and law enforcement mechanism are the deep-seated reasons that affect law enforcement at present.
(1) The defects of the public security system restrict the improvement of the law enforcement mechanism. Because the public security organs implement the management system of "unification and separation, giving priority to all aspects", it is also reflected in the law enforcement system of "unification and separation, giving priority to all aspects", resulting in disguised law enforcement, and even the phenomenon of "policies at the top and countermeasures at the bottom", local protectionism undermines the rule of law. In addition, the reform of the public security system has long been limited to streamlining institutions and improving administrative efficiency, and has not given priority to the establishment, protection and legalization of the rights of law enforcement organs, and has not considered the particularity, stability and continuity of administrative law enforcement and criminal justice, and treated public security law enforcement organs equally with general administrative organs. Therefore, it is reflected in the practice of law enforcement that the public security organs rely too much on the appointment and dismissal of local party committees and governments and financial security. And lack of relative independence. It is also difficult to realize the mechanism of mutual cooperation and mutual restriction among public, procuratorial, legal and administrative law enforcement departments within the law enforcement system. At the same time, the imperfect public security fund-raising system has also become one of the bottlenecks restricting the rule of law enforcement.
(2) Unreasonable setting of law enforcement agencies and improper allocation of law enforcement forces lead to multiple law enforcement. Because of the fine division of labor within the public security organs, the coexistence of various law enforcement agencies, overlapping law enforcement functions, unclear responsibilities and unclear authority, and different levels in the same system have certain law enforcement rights, it is inevitable that there will be many "fights" in law enforcement. First, from the perspective of vertical law enforcement authority, police stations, county-level public security bureaus, prefecture-level public security bureaus and even provincial offices all have law enforcement authority, but the specific authority is not clearly defined and law enforcement is arbitrary. The reason is that it is not clear whether these "integrated" law enforcement agencies are guidance management agencies or specific law enforcement (actual combat) agencies. Second, judging from the configuration of horizontal law enforcement authority, at present, most business organizations within public security organs have corresponding law enforcement authority, and even decompose criminal law enforcement authority into corresponding business departments. Some permissions are inseparable, and cross-conflict is inevitable. Typically, various law enforcement departments, such as police stations, public security brigades, including public security detachments of some higher authorities, traffic patrol and criminal investigation teams in some places are all investigating cases of prostitution, whoring and gambling, and some even enforce the law across regions. The result is often a fine, but the management is difficult to implement, leading to chaos in law enforcement. The main reason is that the case-handling units are driven by economic interests, and they fight for favorable cases and push away unprofitable cases. In addition, there is a phenomenon of multi-head law enforcement between public security organs and other administrative law enforcement departments.
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