My opinion on maintaining the authority of police law enforcement
Cai Xinheng, Disciplinary Committee of XX County Public Security Bureau
It has always been a true portrayal of the people's police. According to the data, since the founding of New China, nearly 20,000 policemen have been killed in the line of duty and more than 200,000 policemen have been gloriously injured. On average, one policeman is killed and ten policemen are injured every day. It can be said that in order to maintain social peace and the legitimate rights and interests of the people, the police paid the price of blood and life. However, in recent years, the rights and interests of the people's police, whose responsibility is to safeguard the legitimate rights and interests of citizens, have been violated by many illegal acts, and the police's law enforcement authority has been severely challenged. This outstanding problem has seriously dampened the work enthusiasm of the police, weakened the law enforcement authority of the public security organs and restricted the healthy development of the public security organs. As a public security policeman working in the front line, the author is deeply touched by this, and is fortunate to make a brief analysis on this issue with the help of the platform of theoretical exchange.
First, the status quo of police law enforcement
In recent years, the news that the police were besieged, abused, beaten and framed in carrying out police activities according to law has been frequently reported in newspapers. In order to avoid punishment and responsibility, some lawless elements do not hesitate to pester, abuse and beat the police to interfere with and hinder the normal law enforcement. What's more, after failing to achieve the goal, they even retaliated and attacked the police by means of malicious complaints and accusations. Take XX county as an example. In recent years, the discipline inspection, letters and visits, inspectors and other departments of our bureau accepted letters and visits complaints, of which only 63% were verified. At the same time, some people in society who have ulterior motives and are attacked by public security organs according to law and are hostile to the police use the police to carry out police activities in public places, inciting the people's police who are performing their duties to insult, abuse or even beat the people's police. Because we policemen wear police uniforms and are bound by all kinds of rules and regulations, we can only submit to humiliation and let nature take its course. Recently, in the process of handling a group incident, some lawless elements took the opportunity to boo and beat the law enforcement police, resulting in many policemen being injured or scratched, and even the clothes of the law enforcement police were torn by criminals, which caused a very bad influence in society. These violations not only caused great psychological and physical harm to the police, but also greatly dampened their enthusiasm for work. At the same time, it has seriously interfered with the normal law enforcement activities of public security organs, weakened the law enforcement authority of the people's police, and caused extremely bad influence in society. All facts have proved that it is urgent to safeguard the legitimate rights and interests of the police and ensure their law enforcement authority.
Second, the main reasons for frequent cases of assaulting police officers
(1) There are many negative social influences, and a few people have a weak legal concept. As a functional department for maintaining social stability, public security organs are often in the front line of mediating various social contradictions and unstable factors, and some people can easily transfer their dissatisfaction to the police. In particular, a few local governments often ask the public security organs to deal with some non-police activities when they encounter resistance in their work. The public security organs are subject to the "compartmentalized" leadership mechanism and have to do so. Therefore, it is easier to arouse the opposition and disgust of the masses, and it is a way to vent emotions and dissatisfaction by resisting and obstructing police law enforcement. Some people don't know enough about the illegality of violence preventing the police from performing official duties, and think it's nothing to scold or beat the police; Some people, in the spirit of "the law does not blame the public", took the opportunity to boo.
(2) The legal guarantee system for police to perform official duties according to law is not perfect. In the provisions of the People's Police Law, the Criminal Law and the Law on Public Security Administration Punishment, only acts that seriously infringe on the personal safety of public security police are punished. There is no strong legal basis to punish the general cases and incidents of beating the police, tearing up police clothes and police insignia, insulting the police, spitting and falsely accusing and framing the police, and it will not play a deterrent role to criminals.
(3) The individual quality of the police is not high, and the ability to deal with emergencies is insufficient. First, a small number of police officers are not standardized and uncivilized in law enforcement, which is easy to cause resentment among the masses, leading to intensified contradictions and resistance and behavior. Some policemen are not good at resolving conflicts and often confront them head-on. When the masses are emotional, they can't control their emotions, which leads to the intensification of contradictions. Second, some police officers are careless and have poor awareness of self-protection, so they cannot predict or underestimate the potential dangers in duty. Some duty behaviors are not standardized, and the operating procedures such as patrol, inventory, search and interrogation are not carefully implemented, giving criminals an opportunity. Third, they are usually negligent in training, unable to skillfully use relevant skills in performing official duties, take decisive measures to subdue criminal suspects, and lack self-protection ability in case of danger; Fourth, the awareness of evidence is not strong. After the incident of assaulting a police officer, it is difficult to protect and collect evidence on the spot.
Third, the countermeasures of assaulting police cases
On the surface, the case of assaulting a police officer is an infringement of individual police officers, but in essence, the infringement activities are aimed at national laws and are a blatant provocation to the authority of national law enforcement. The public security organs must take solid and effective measures to curb the spread and development of this illegal act to the maximum extent.
(1) Strengthen the publicity of laws and regulations to create a good social environment for police law enforcement. Public security organs at all levels should actively take measures, make full use of radio, television, newspapers and other propaganda carriers, increase the publicity of laws and regulations, publicize that public security police are protected by law when performing official duties according to law, guide the masses to actively cooperate with and support police law enforcement activities, and create a good law enforcement environment for public security police from public opinion. It is necessary to selectively publicize and investigate typical cases that infringe upon the rights and interests of police in law enforcement, educate the masses and awaken their legal awareness. It is necessary to further strengthen the relationship between the police and the people under the new situation, establish a good social image of the people's police for the people, and consolidate the mass base of the public security police.
(2) Intensify the crackdown and safeguard the legitimate rights and interests of the police. First, intensify the investigation and punishment of various cases (incidents) of assaulting police officers and infringing on police law enforcement rights, and resolutely crack down on the arrogance of criminals. We should strengthen the education of general participants and juvenile offenders; Second, those who violate the criminal law should be investigated for criminal responsibility in accordance with legal procedures; For acts that hinder the execution of official duties in violation of the Law on Public Security Administration Punishment, the violator shall be punished according to law and ordered to compensate the police for the necessary losses and medical expenses, and apologize to a certain extent to eliminate the influence; Third, on the basis of careful investigation and verification, clarify the facts at any time to eliminate the misunderstanding of the masses and the psychological pressure of the police. If malicious false accusations cause serious damage to the reputation of the police, they should be investigated for responsibility through legal channels and seek justice for the victims.
(3) Strengthen professional skills training and improve the police's handling ability. Further establish the ideological concept of law enforcement for the people, adhere to strict law enforcement in work, be brave in fair and strict law enforcement, and be good at paying attention to work art and civilized law enforcement. At the same time, we will vigorously strengthen professional knowledge training and job skills training, constantly enhance the police's defense awareness, law enforcement level and actual combat skills, and constantly improve the police's ability to deal with emergencies on the spot, so as to minimize the "friction coefficient" with the masses in the process of police work.
(4) Improve the police security mechanism to ensure that the police are targeted in police activities. Public security organs should actively coordinate with relevant functional departments to further establish and improve the police security mechanism on the basis of performing their duties of serving the people and cracking down on crimes according to law. The so-called police security is to ensure that the people's police perform their duties according to law and effectively perform their duties. The first is legal protection. The people's police perform their duties according to law and are protected by law from illegal interference; Those who refuse or obstruct the people's police from performing their duties according to law shall be investigated for legal responsibility according to law. Public security organs at all levels should explore and improve a set of easy-to-operate police rights protection measures on the basis of existing laws and regulations. Under the leadership of the Party Committee of the public security organ, an association for safeguarding the legitimate rights and interests of the public security police or an association for safeguarding the rights and interests of the people's police will be established to actively play its role in ensuring that when the police are illegally infringed, there will be places for complaints and grievances. The second is material security. The people's police shall perform their duties according to law, and governments at all levels shall provide guarantees in terms of funds, equipment, science and technology, etc. It is necessary to strengthen the equipment construction of front-line police on duty, equip front-line actual combat units and front-line law enforcement police with protective facilities such as bulletproof vests, riot helmets and batons, and provide security for police law enforcement activities. The third is living security. Governments at all levels have conscientiously implemented the provisions of the higher authorities that the salary standard of the people's police is "higher than that of the local government and slightly lower than that of the army", and further improved and perfected the insurance, welfare, pension and preferential treatment systems. Effectively put an end to the phenomenon of "heroes" bleeding and tears.
(5) Promoting the use of police power. According to the Shanghai Evening News, three police officers in XX were illegally injured by a drunk while performing official duties. In order to safeguard the legitimate rights and interests of law enforcement, three policemen took the drunk to court. While applauding the three policemen for using the law to protect their legitimate rights and interests, we can't help asking, why don't other policemen use the law to protect their legitimate rights and interests?
China's "People's Police Law" stipulates in Chapter 1, Article 5: People's police perform their duties according to law and are protected by law; Chapter V Paragraph 1 of Article 35 stipulates that anyone who publicly insults the people's police in performing their duties shall be punished for public security management, and if the case constitutes a crime, criminal responsibility shall be investigated according to law. Therefore, we should vigorously advocate the police to use legal weapons to safeguard their legitimate rights and interests. First, while safeguarding the legitimate rights and interests of the police, it can promote the enthusiasm and initiative of the police to learn laws and regulations and improve the rationality of the daily law enforcement of the police; Second, while cracking down on criminals who openly insult and hurt the police in disregard of laws and regulations, we should establish the authority and deterrence of the law and reduce the occurrence of incidents (cases) that insult and hurt the police; Third, it can enhance the legal awareness of the masses, safeguard the personal dignity and social status of the police, promote the masses to actively cooperate with the police's law enforcement activities, and strengthen the relationship between the police and the people. For the sake of social stability, I hope to see less incidents of insulting and hurting the police. In order to protect the legitimate rights and interests of the police, it is hoped that more police will use the law to safeguard their rights.
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