社会治安防控的人文关怀与和谐社会法治秩序
发布时间：2019-02-13 05:09
【摘要】： 本文从对社会治安防控体系的定义、基本特征、产生的时代背景和总体目标的研究出发,指出社会治安防控所体现的法价值在于:实现自由与秩序的动态平衡、保证公正正义和公平正义统一协调、以人为本实现人的全面发展。通过对法理学视阈下人文、人文关怀、社会治安防控中的人文关怀的内涵和特征进行分析,提出构建和谐社会的法治秩序需要人文关怀。在社会治安防控中,人文关怀缺失主要表现在:滥用强制性手段、以权力“寻租”、重打击轻保护、执法不计成本、执法缺乏公正与公平、执法中缺乏服务意识等方面。具体分析其中的原因,包括文化传统因素、法律运行因素、社会体制因素、经济发展因素和执法主体因素。为此,必须结合我国的国情,从立法、教育、管理、监督、保障等多个层面进行综合治理。即:确立体现人文关怀的法治精神和理念,完善彰显人文精神的公安法律体系,构建保障人文关怀的执法机制,树立以人为本的执法观念,培养善于与公众通融的执法主体。
[Abstract]:Based on the study of the definition, basic characteristics, background and overall goal of social security prevention and control system, this paper points out that the legal value of social security prevention and control lies in: realizing the dynamic balance between freedom and order. To ensure that justice and justice are unified and coordinated, and that people-oriented realization of the overall development of human beings. Based on the analysis of the connotation and characteristics of humanism, humanistic care and social security prevention and control under the view of jurisprudence, it is pointed out that humanistic care is needed to construct the legal order of a harmonious society. In the prevention and control of social public order, the lack of humanistic care is mainly manifested in the following aspects: abuse of compulsory means, "rent-seeking" with power, emphasis on striking down and light protection, law enforcement regardless of cost, lack of justice and fairness in law enforcement, lack of service consciousness in law enforcement, etc. The reasons include cultural tradition, law operation, social system, economic development and law enforcement. Therefore, we must combine the national conditions of our country, from the legislation, education, management, supervision, security and other aspects of comprehensive management. That is, to establish the spirit and idea of the rule of law that embodies humanistic care, to perfect the public security law system, to construct the law enforcement mechanism to guarantee humanistic care, to establish the people-oriented concept of law enforcement, and to cultivate the law enforcement subject who is good at accommodating with the public.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D631.4
本文编号：2421210
[Abstract]:Based on the study of the definition, basic characteristics, background and overall goal of social security prevention and control system, this paper points out that the legal value of social security prevention and control lies in: realizing the dynamic balance between freedom and order. To ensure that justice and justice are unified and coordinated, and that people-oriented realization of the overall development of human beings. Based on the analysis of the connotation and characteristics of humanism, humanistic care and social security prevention and control under the view of jurisprudence, it is pointed out that humanistic care is needed to construct the legal order of a harmonious society. In the prevention and control of social public order, the lack of humanistic care is mainly manifested in the following aspects: abuse of compulsory means, "rent-seeking" with power, emphasis on striking down and light protection, law enforcement regardless of cost, lack of justice and fairness in law enforcement, lack of service consciousness in law enforcement, etc. The reasons include cultural tradition, law operation, social system, economic development and law enforcement. Therefore, we must combine the national conditions of our country, from the legislation, education, management, supervision, security and other aspects of comprehensive management. That is, to establish the spirit and idea of the rule of law that embodies humanistic care, to perfect the public security law system, to construct the law enforcement mechanism to guarantee humanistic care, to establish the people-oriented concept of law enforcement, and to cultivate the law enforcement subject who is good at accommodating with the public.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D631.4
【引证文献】
相关硕士学位论文 前1条
1 张波;警察人文素养调查及其培养研究[D];沈阳师范大学;2011年
，本文编号：2421210
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