增强法警职业化的探究对策-金沙娱场城app

增强法警职业化的探究对策

exploratory countermeasures to enhance the professionalization of forensic police

一.党委和各级人民法院指导增强对法警组织机构的注重。

1. the central party committee and people's courts at all levels should guide and strengthen the attention paid to the organization of the judicial police.

往年是《全区法院司法警察建立三年大纲》(简称《三年大纲》)施行的第二年，党委和各级人民法院应统筹布置，制定措施，加鼎力度，限期落实《三年大纲》的目的和义务，增强法警组织机构的完善。这次要包括以下几项内容：1指导注重。各级人民法院要有院指导分管法警任务，并成立法警任务标准化建立指导小组。2编队管理。法警编制要有编委批复;法警机构要编队管理，并归由法警部门一致管理;法警编制应按规则配足(法警按单位控编人数的12%装备，女警按法警总数的10%——15%装备，兼职法警控制在法警总数的20%以内)。3双重指导。配齐法警指导班子(支队多2名，大队多1名，主管指导爲专职);调整法警担任人应报下级法警部门赞同，调整法警岗位应报下级法警部门备案。4从优待警。各级法院指导应关怀注重法警的待遇成绩，实在从政治上、任务上、生活上处理他们的实践困难，片面落实法警警衔补贴、补助、保险、保健等福利待遇，确保法警队伍安心本职、乐于贡献。5卸警安顿。各级法院指导应注重对一些年岁偏大或由于其他缘由已不能从事法警任务干警，做好卸警安顿任务，布置其到人民法院外部行政性较强的部门(如政工、纪检、收发、接待等部门)。

in the past year, the "three-year outline for the establishment of judicial police in district courts" (referred to as the "three-year outline") was implemented in the second year. the central party committee and people's courts at all levels should make overall arrangements, formulate measures and intensify efforts to implement the objectives and obligations of the "three-year outline" within a time limit, and strengthen the improvement of the judicial police organization. this time, it should include the following contents: 1. guidance should be focused on. people's courts at all levels should have courts to guide and take charge of the tasks of legal police, and establish guidance groups for standardization of legislative police tasks. formation management. the establishment of the forensic police should be approved by the central editorial committee; the organization of the forensic police should be managed in formation and be managed by the forensic police department in accordance with the rules; the establishment of the forensic police should be adequately matched (12% of the number of units controlled by the forensic police, 10% - 15% of the total number of women police, and 20% of the total number of part-time forensic police). dual guidance. supporting the guidance team of the forensic police (up to 2 detachments, up to 1 brigade and full-time supervisor); adjusting the position of the forensic police should be reported to the lower level forensic police department for approval, and adjusting the position of the forensic police should be reported to the lower level forensic police department for record. 4. preferential treatment for policemen. court guidance at all levels should pay attention to the treatment achievements of the judicial police, deal with their practical difficulties in politics, tasks and life, unilaterally implement welfare benefits such as rank subsidies, subsidies, insurance and health care, and ensure that the judicial police force is at ease and willing to contribute. 5 unload the police and settle down. court guidance at all levels should pay attention to some departments (such as political work, discipline inspection, receiving and receiving, reception, etc.) that are too old or unable to engage in judicial police tasks for other reasons.

二.增强政治思想和业务实际学习，强化公仆认识。

2. strengthen the practical study of political thought and business, and strengthen the awareness of public servants.

法警应持之以恒地展开政治思想教育任务，用马列主义、毛泽东思想、邓小平实际和江泽民同志“三个代表”的重要思想武装本人，不时改造本身的世界观、人生观、价值观，强化了法警的公仆认识、群众认识、效劳认识、文明执法认识。法警作爲人民法院的任务人员，就必需掌握和理解与其实行本职任务间接有关的法律、法规的根本知识，以便更好地依法实行职能。次要包括《中华人民共和国宪法》、《中华人民共和国刑法》、《中华人民共和国刑事诉讼法》、《中华人民共和国民法通则》、《中华人民共和国民事诉讼法》，掌握《中华人民共和国人民警察法》、《中华人民共和国枪支管理法》、《中华人民共和国人民警察运用警械和武器条例》、《人民法院司法警察暂行条例》等有关法律法规和标准性文件。只要经过政治思想和业务实际学习才干培养一支政治坚决、业务通晓、作风、纪律严明、清正廉洁、质量崇高、保证无力的法警队伍。

the judicial police should persevere in carrying out the task of political and ideological education, arm themselves with the important thoughts of marxism-leninism, mao zedong thought, deng xiaoping practice and comrade jiang zemin's "three representatives", and constantly transform their world outlook, outlook on life and values, thus strengthening the judicial police's awareness of public servants, people, service and civilized law enforcement. as the task personnel of the people's court, the judicial police must grasp and understand the basic knowledge of laws and regulations indirectly related to the implementation of their duties, so as to better carry out their functions in accordance with the law. secondly, it includes the constitution of the people's republic of china, the criminal law of the people's republic of china, the criminal procedure law of the people's republic of china, the general principles of the civil law of the people's republic of china and the civil procedure law of the people's republic of china. it focuses on the people's police law of the people's republic of china, the firearms management law the police use police equipment and weapons regulations, the interim regulations of the judicial police of the people's court and other relevant laws, regulations and standard documents. as long as we have learned political thoughts and practical skills, we should cultivate a team of forensic policemen who are resolute in politics, knowledgeable in business, excellent in style, strict in discipline, honest and clean, of noble quality and weak in guaranteeing their competence.

三.标准法警职能任务。

3. functional tasks of standard forensic police.

法警的职能有押送、看守、值庭、执行死刑、送达、强迫措施、参与执行、警卫等八项。笔者以为法警应特别做好以下两项任务;(1)标准法警参与执行任务。法警应不时拓宽爲审讯任务效劳的范畴，紧紧围绕“执行难”的成绩，积极探究法警参与执行任务的无效途径和方式。在以后法无明文规则的状况下，爲防止呈现由法警行使裁判权的“越权”行爲，法警参与执行任务要留意掌握四点：一是参与准绳;二是协助准绳;三是严厉审讯准绳;四是依法准绳。(2)抓好以避免人犯脱逃爲打破口的平安任务。这次要抓好三个方面：一是仔细落实高人民法院《关于人民法院司法警察严厉看守押送原告人、增强防备任务的紧急告诉》肉体，但凡组织大案要案开庭，指导要过问，法警队指导要亲身到场组织指挥。凡发作原告人他杀、脱逃事情的除追查当事人责任外，还要追查有关指导的责任。二是增强运用枪支管理，根绝枪指使用中的平安隐患。三是树立事故督查制度。但凡发作大的平安成绩，支队要在24小时、大队要在48小时内上报总队，严重成绩要随时上报。

the functions of the judicial police include escort, guard, on duty, execution of death penalty, service, coercive measures, participation in execution and guard. the author thinks that the forensic police should do the following two tasks well in particular; (1) standard forensic police should participate in the implementation of tasks. from time to time, the judicial police should broaden the scope of service for interrogation tasks, closely focus on the achievements of "difficult execution", and actively explore the ineffective ways and means for judicial police to participate in the execution of tasks. in the absence of explicit rules in the future law, in order to prevent the "ultra vires" behavior of judicial policemen in exercising their jurisdiction, the judicial policemen should pay attention to four points when participating in the execution of tasks: one is the criterion of participation; the other is the criterion of assistance; the third is the criterion of strict interrogation; and the fourth is the criterion of law. (2) do a good job in order to avoid escaping prisoners as a breach of the security task. this time, we should do a good job in three aspects: first, we should carefully implement the body of the supreme people's court's "emergency notice on the judicial police of the people's court's court's strict guarding and escorting the plaintiff and enhancing the preparedness task". however, when organizing major cases to be heard, the guidance should be cross-examined, and the guidance of the legal police force should be personally present to organize and where the plaintiff kills or escapes, besides tracing the responsibility of the parties concerned, he should also pursue the responsibility of relevant guidance. second, we should strengthen the management of guns and eliminate hidden dangers in the use of guns. thirdly, the accident supervision system should be established. however, in case of a major safety performance, the detachment shall report to the team within 24 hours, the brigade shall report to the team within 48 hours, and the serious results shall be reported at any time.

四.抓好教育训练任务。

4. grasp the task of education and training.

一要展开多层次的训练体系，构成层层抓、级级训，采取一致方案、一致规范、自行训练、一致考核、优胜劣汰的准绳，促进全员普训的展开。二要经过集训、会操、比武的方式，选出训练标兵，培育人材。三是实在做好训练保证，保证培训任务有教员、有教材器材，确保培训任务的质量和效果。只要经过勤学苦练，真正掌握了旗开得胜的根本功，才干在各种复杂条件下，制服凶恶狡诈的罪犯，圆满完成党和国度赋予法警的庄严而神圣的使命。

firstly, we should develop a multi-level training system, which consists of grasping at all levels and training at all levels. we should adopt the criteria of consistent program, consistent norms, self-training, consistent assessment and eliminating the fittest, so as to promote the development of general training for all members. secondly, through the way of training, gymnastics and martial arts, we should select and train the pacesetters and cultivate professional talents. thirdly, we should ensure the quality and effectiveness of training tasks by ensuring that there are teachers and teaching materials in training tasks. only through hard study and hard training, can we truly grasp the basic skill of winning the banner, and under various complex conditions, subdue the vicious and cunning criminals, and successfully accomplish the solemn and sacred mission entrusted to the judicial police by the party and the state.

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