First, analyze the outstanding problems existing in the current public security law enforcement work
Facing up to the problem is the premise of improving the work. Therefore, while seeing the effectiveness of law enforcement, we should also clearly see that the law enforcement work in some units is not strict, reasonable, standardized and civilized enough, and some law enforcement problems are still outstanding, and the quality of law enforcement is still unsatisfactory, mainly as follows:
(A) the law enforcement efficiency is not high. In law enforcement and case handling, some units are not active in their work, failing to organize and verify illegal and criminal clues in time and missing valuable fighters; A few units lack initiative to carry out their work, and in the process of cracking cases, the intensity of digging deep into illegal crimes is not enough; In law enforcement and case handling, some units are concerned about the facts, tired of coping, unable to thoroughly summarize and analyze, timely check for leaks and fill gaps, and effectively plug the loopholes in daily management. There are also some units and police officers who are dishonest, procrastinating, slow-moving and inefficient, resulting in some contradictions not being resolved for a long time, which is not conducive to the resolution of social contradictions and social and economic development.
(2) Law enforcement procedures are not standardized. Some units are not strict in law enforcement attitude, and there are problems of irregular procedures in receiving police, investigating and collecting evidence, and managing the items involved. Mainly manifested in: a few units in the investigation and evidence collection, the work is not meticulous, the handling of things and the collection of evidence are not comprehensive and meticulous, and the evidence chain is incomplete and insufficient, which leads to passive work everywhere, and even makes the suspects not get the punishment they deserve, which seriously affects the quality and efficiency of law enforcement. The law enforcement procedures of some handling units are not standardized, which affects the handling effect. There are also some units that are lax in the management of the property involved, and the disposal is not standardized and inappropriate, which leads to the damage and loss of the property involved and causes unnecessary disputes.
(3) The means of law enforcement is still simple. Some leading cadres and a few policemen pretend to be in charge of people, their work attitude is rough, their law enforcement methods are simple, they are easy to reprimand, they are indifferent and lack affinity, which not only reduces the law enforcement effect, but also seriously damages the harmonious relationship between the police and the people. At the same time, some police officers still fail to understand the profound connotation of the policy of "tempering justice with mercy". They grasp the law enforcement work from the height of serving the overall situation, accurately understand the close relationship between maintaining social harmony and stability and strict, fair and civilized law enforcement, understand the legal provisions too rigidly and mechanically, do not consider the tolerance of different law enforcement objects in law enforcement, do not distinguish the sensitivity of different law enforcement environments, and are rigid and single in law enforcement means, which not only easily leads to the conflict of law enforcement counterparts, but also is difficult to win the understanding and support of the masses.
(4) Law enforcement decisions are still relatively arbitrary. A small number of grass-roots case-handling units in law enforcement cases, the case is not filed, the investigation is not investigated, and even some criminal cases are degraded. Law enforcement in some units is too utilitarian and arbitrary, lenient, lax and even disproportionate, and administrative punishment is extremely light and heavy, which is not conducive to social harmony and stability. There are also some units and police officers who have a weak sense of responsibility, are not serious enough, are too subjective, lack comprehensive and in-depth investigation of the case, have an incomplete grasp of the facts of the case, have extensive law enforcement, hastily closed the case, and even violate the principle of fairness and justice.
(5) The execution of the award is not in place. A few grass-roots units make mistakes in enforcing public security rulings, and the enforcement efforts are not in place, which leads to some administrative rulings becoming dead letters, which not only invisibly reduces the authority of the law and the credibility of public security organs, but also easily leads to the dissatisfaction of the parties to the case and even induces new social problems. For example, in the evaluation of law enforcement in the past three years, it is urgent to pay attention to the problem of inadequate implementation.
Second, the main factors affecting the standardization of public security law enforcement
Leak detection is the key to improve the work. It is necessary to deeply analyze the outstanding factors affecting public security law enforcement at present, and point out the direction for solving law enforcement problems with a clear aim. At present, the main factors affecting the standardization of law enforcement are:
(1) The rules and regulations are not perfect. To some extent, the imperfection of the legal system and related systems is an important cause of law enforcement problems. The main manifestations are as follows: First, laws and regulations lag behind. Compared with the colorful and ever-changing social life, legal provisions always have a certain lag. Especially with the acceleration of China's reform and opening up process, various new situations, new problems and new tasks are constantly emerging, and the social situation faced by public security law enforcement is increasingly complex, and the lag of some laws and regulations is more prominent. Second, the rules and regulations are not clear. Some laws and regulations are too principled and operability is not strong. Third, the relevant provisions conflict. Due to the different time and background of different rules and regulations, some regulations are inconsistent or even conflicting, which makes the police at a loss when enforcing the law.
(2) The quality of police is uneven. Some units and police officers have a weak sense of purpose and vague guiding ideology for law enforcement. They still lack a correct understanding of "for whom to enforce the law" and "for whom to serve". In the process of law enforcement, they blindly pursue the penalty indicators of performance law enforcement, assessment law enforcement and leadership law enforcement, which leads to light and heavy law enforcement and even obvious mistakes, which violates the principle of social fairness and justice. Some policemen are neglected to study, their knowledge is outdated, they don't grasp and understand the newly revised and promulgated laws and regulations, and they still use the original laws and regulations in law enforcement, which leads to mistakes in handling cases. Some policemen don't have a deep understanding of the legal spirit, and there are still ideological problems such as "emphasizing entity over procedure", "emphasizing results over process" and "emphasizing confession over evidence". Law enforcement seems legal, but it can't stand analysis and scrutiny. Some unit leaders lack overall awareness and political sensitivity, are too bookish and dogmatic, and do not consider social background and people's feelings in the process of law enforcement, so it is difficult to win the understanding and support of the people. There are still a few policemen who are not firm enough. They are easily tempted by money and power in law enforcement and easily troubled by human feelings. Bending the law, perverting the law, trading power and money, human relations and other violations of law and discipline.
(3) Law enforcement supervision needs to be strengthened. From the perspective of supervision methods, the process supervision mechanism has not yet been fully formed, and the transition of law enforcement supervision depends on auditing, centralized surprise inspection, administrative reconsideration review and handling letters and visits. The whole dynamic law enforcement supervision platform is still under construction, and it will take time to play its role. Especially in the case review, some auditors are afraid of offending people, do not point out seriously, do not deduct points in the assessment, and do not urge rectification, which makes the problems found again and again. From the perspective of supervision mechanism, the supervision mechanism of law enforcement is not perfect, and there is no joint force between the legal system, inspectors, discipline inspection commission, letters and visits and other related functional departments, which makes some law enforcement links become "supervision gaps" and easily leads to power out of control. From the perspective of supervision means, it still relies on traditional means such as filing a case for examination and bringing suspects before the court. The application of modern science and technology such as online supervision, remote monitoring and automatic comparison is not yet mature, and the dominant role of science and technology in strengthening the police needs to be further explored. From the perspective of accountability, although the current law enforcement responsibility system is basically perfect, it is not implemented enough, and it is difficult to investigate the mistakes in law enforcement, and it is difficult to implement the responsibilities to the leaders, which leads to mistakes in law enforcement, rectification after inspection and discovery, and recidivism after rectification.
(4) Law enforcement guarantee still needs to be strengthened. First, there is a lack of legal professionals. At present, public security organs, especially some grass-roots units, still lack legal professionals, and the atmosphere of actively learning the usage of law is not strong enough. The rising channel of outstanding legal talents is not smooth, and the employment mechanism of attracting, retaining and cultivating talents is not perfect. Second, equipment construction is relatively backward. In recent years, although the equipment construction of public security organs has been greatly improved, compared with the actual needs, law enforcement equipment is still relatively backward, and insufficient funds are still an important bottleneck restricting the development of public security. Third, the progress of law enforcement informatization construction is not fast. The informatization construction of law enforcement case handling and law enforcement supervision has not been promoted quickly, the law enforcement supervision module has not been fully put into construction, and advanced operation modes such as online law enforcement quality evaluation, dynamic inspection, real-time judgment and data analysis have not been fully formed.
(5) The law enforcement environment needs to be improved. First of all, law enforcement agencies are under great pressure. The public security organs undertake the historical mission and political task of "consolidating the ruling position of the * * * production party, safeguarding the long-term stability of the country, ensuring the people to live and work in peace and contentment, and serving social and economic development", with heavy tasks and great pressure. Coupled with the serious shortage of police force at present, the majority of police officers have been selfless in their work and have been fighting continuously, without rest for a long time. Some policemen break down from constant overwork, and their physical fitness declines. Some policemen have job burnout and war-weariness, which seriously affects the team's combat effectiveness. The second is the complex social environment. Influenced by China's traditional culture, some members of society value "the way of the world" and don't trust the justice of the law, which leads to the infiltration of factors such as "human feelings", "relationships", "money" and "power" into law enforcement, which directly interferes with the objective and fair law enforcement of law enforcement police and makes the public security law enforcement lack a good external humanistic environment. The third is the severe law enforcement environment. At present, due to the particularity of social contradictions and the complexity of stable environment, many factors should be considered in public security law enforcement, and the means of law enforcement are restricted; At the same time, violent resistance to the law has occurred from time to time, which has had a great impact on the law enforcement psychology of public security police, causing some police to be timid in law enforcement, and some police are prone to emotional and even excessive defense, which has affected the quality of law enforcement to a certain extent.
Third, the path analysis of effectively promoting the standardization of public security law enforcement
The right medicine is the best way to solve the problem. In view of the current problems affecting law enforcement, we should start with perfecting rules and regulations, strengthening law enforcement supervision, and improving the case handling mechanism, take multiple measures and take a multi-pronged approach to further promote the standardization of public security law enforcement, and effectively provide a more solid and powerful guarantee for economic and social development.
(a) to strengthen publicity and education, enhance the awareness of the rule of law. Thought is the guide to action. To promote the standardization of law enforcement, we must first solve the problem of ideological understanding. Therefore, public security organs should continue to carry out in-depth education on the concept of socialist legal system, cultivate the concept of the rule of law, the overall situation and the people-oriented concept of public security police, strive to form a strong atmosphere of strict, fair, civilized and standardized law enforcement within public security, enhance the political identity, emotional identity and theoretical understanding of standardized law enforcement of public security police, and make standardized, civilized, rational and peaceful law enforcement become the conscious action and spontaneous requirements of public security police. At the same time, it is necessary to strengthen the construction of the rule of law culture in public security organs, strengthen the legal belief and spirit of the public security team, enhance the police's understanding and perception of legal provisions, so as to have the party in mind, the people in mind, the law in mind, and the righteousness in mind, so that the socialist rule of law spirit can truly penetrate into the police's hearts, integrate into their hearts, guide their behavior, continuously enhance their ability to consciously resist all kinds of temptations, and effectively improve the level of fair and strict law enforcement by the police.
(2) Strengthen system construction and standardize law enforcement. "Without rules, there would be no Fiona Fang." Vigorously promoting system construction, constantly improving laws and regulations and refining law enforcement standards are the only way to effectively promote the standardization of public security law enforcement. In recent years, Wuxi Public Security Bureau insists on starting from the most urgent aspects of daily law enforcement of grassroots police, earnestly strengthens the refinement of specific law enforcement standards, strictly enforces law enforcement procedures, standardizes law enforcement links, earnestly enhances the operability of laws, regulations and rules, and strives to ensure that every law enforcement action of the police has laws to follow and rules to follow. For example, since last year, according to the actual needs of Wuxi public security law enforcement, guided by the Guiding Opinions of the Ministry of Public Security on Vigorously Strengthening the Standardization of Law Enforcement of Public Security Organs, Wuxi Public Security Bureau has successively formulated and promulgated a series of normative documents, such as "Wuxi Public Security Bureau's Work Specification for Receiving and Handling Police", "Wuxi Public Security Bureau's Provisions on the Management of Property Involved (Trial)" and "Notice on Further Standardizing the Use of Residential Surveillance Measures". At the same time, in view of the lack of normative guidance documents in the current public security work of receiving and handling police and on-site law enforcement, Wuxi Municipal Bureau also initiated a project and organized special forces to carry out research, trying to refine the scope and procedures of handling common police situations at the grassroots level one by one, closely combining the requirements of laws, regulations and rules with law enforcement actions, and clarifying the operational procedures, precautions and main legal basis of various law enforcement actions, so as to enhance the operability of on-site police handling and improve law enforcement efficiency.
(three) with the help of information thrust, strengthen law enforcement supervision. "Power leads to corruption, and absolute power leads to absolute corruption." Strengthen law enforcement supervision is an important guarantee to improve that quality of law enforcement. The first is to build and improve the law enforcement supervision system. The departments of legal system, discipline inspection, supervision, letters and visits should cooperate closely to form a joint force, effectively change the state of scattered power and poor supervision, and strive to make breakthroughs and achieve results in the implementation of the law enforcement responsibility system. In particular, the legal department should effectively play a leading role, carefully examine cases, find and correct existing problems in time, and actively guide and standardize the case-handling department. The second is to improve the online law enforcement supervision platform. Taking the new round of comprehensive police platform construction as an opportunity, the integrated process of online law enforcement case handling, law enforcement monitoring, law enforcement problem judgment and law enforcement quality evaluation will be realized as soon as possible, providing a basis for supervision and guidance. In particular, it is necessary to speed up the collection, storage, transmission and processing of law enforcement information, realize online production, online transmission and online examination and approval of legal documents, actively promote the construction of law enforcement supervision system, and explore online law enforcement quality evaluation. The third is to improve the law enforcement evaluation mechanism. It is necessary to further improve the evaluation methods and contents, strengthen random evaluation and case evaluation, carry out unannounced visits and case analysis, and strengthen the legal quality test of leading cadres and the evaluation of key weak links in law enforcement; We should promptly urge the rectification of the outstanding problems found, so that the evaluation of law enforcement quality can really play the role of law enforcement supervision. The fourth is to establish and improve the accountability mechanism. Intensify the investigation of law enforcement fault liability, and carry out the identification of law enforcement fault liability in a timely manner, and in accordance with the relevant provisions, the legal system, discipline inspection, supervision, personnel departments or subordinate units shall investigate the law enforcement fault liability of relevant responsible persons.
(four) improve the handling mechanism, strengthen law enforcement. The first is to change the traditional law enforcement mode. It is necessary to completely get rid of the ideological influence of "retrial is more important than investigation" and "confession is more important than evidence", effectively change the traditional case-handling mode of "arresting people to take confessions and then looking for other evidence", accelerate the transformation from relying on confessions to relying on evidence, and completely put an end to the problem of obtaining confessions by illegal means such as torture and mental torture. The second is to reform the system and mechanism of handling cases. Gradually implement a case-handling mechanism that combines compound and specialization, and improve the case-handling skills of grassroots law enforcement police and the overall case-handling ability of the team by strengthening training, exchange and rotation, assessment and incentives. At the same time, in order to improve the quality and efficiency of handling cases, standardize criminal law enforcement, explore the establishment of special criminal case hearing institutions to undertake professional guidance on criminal cases, trial of cases after arrest, and dig deep into crimes. The third is to strengthen the safeguard measures for handling cases. Increase investment, effectively equip the police on duty with cameras, voice recorders, digital cameras, police links, police equipment and other necessary equipment for law enforcement, and continuously improve the ability of on-site evidence collection and police self-protection; Standardize the management of supervision places for handling cases, reasonably set up inquiry rooms, interrogation rooms and waiting rooms, implement the audio and video recording system for interrogating criminal suspects as soon as possible, and resolutely ensure the safety of law enforcement. Further standardize the setting of functional areas of grass-roots teams, divide the handling places into reception places, office places and living places, and strengthen safety management. The fourth is to strengthen law enforcement and rights protection. Severely crack down on violent acts against the law in accordance with the law, resolutely safeguard the legitimate rights and interests of the police, curb the high incidence of assaulting police, eliminate the adverse social impact, and effectively restore the confidence of the police in fair and strict law enforcement.
(5) Strengthen education and training to improve the overall quality. The quality of the team directly determines the quality and level of law enforcement. First, gradually broaden the learning platform. It is necessary to take the "Three Necessities Training" as the starting point and serve the actual combat as the goal, update the knowledge structure of the police in time, and continuously improve the team's law enforcement ability. Encourage all units to take various forms, such as organizing their own legal counseling, commenting on cases, and choosing typical cases to attend court hearings, and strive to improve the police's law enforcement skills and on-site disposal capabilities. The second is to constantly stimulate learning motivation. Actively promote the pre-service legal knowledge examination system for leading cadres, comprehensively implement the law enforcement qualification grade management system, vigorously promote the system of undertaking police officers, effectively improve the enthusiasm of police officers to learn the usage of the law, urge police officers to take the initiative to learn the law, and strive to train a group of law enforcement case-handling experts. The third is to actively carry out law enforcement assistance. Combined with the activities of "four-level tongchuang" law enforcement demonstration units and demonstration sites, summarize and popularize typical experiences, carry out activities to help catch up with advanced ones, and lead and promote the improvement of the overall law enforcement quality and level of public security organs in the city. In particular, business departments such as the legal system should take the quality evaluation of grassroots law enforcement as the starting point and focus, go deep into the grassroots and the front line, take the initiative to provide legal services for grassroots law enforcement, and help the grassroots improve the level of law enforcement. It is necessary to closely focus on the actual combat of public security, actively strengthen the analysis and research on the application of laws and regulations, especially the outstanding illegal and criminal problems that are strongly reflected by the masses and difficult to deal with at the grassroots level, provide timely business guidance to the grassroots level, and intervene in advance to guide the handling of cases.