试论当前治安案件查处存在的问题与改进对策-警官学院本科毕业论文(设计).doc

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1、Party branch Secretary of a party lecture of two speeches: tutoring covers all of the new party Constitution two education has kicked off. Study of the Constitution of this practice is a very important part. Today Ill give you a new section of the Constitution on the counselling of learning lessons,

2、 hope, through todays tutorial, further consolidation of all the party members of the new party Constitution study results to help you better understand and grasp the important knowledge in the new Constitution. This tutorial has the following three components: one is the importance of studying and

3、implementing of the new party Constitution; second, compared with the 17 adopted by the party Constitution, the main changes in the content and interpretation of the new Constitution; the third is at this stage how to make full use of the new essence of the content of the Constitution to guide party

4、 building. Two thematic education in party lecture notes, and study and carry out the significance of the new Constitution (a) studying and implementing the party Constitution is the most basic obligations of each party member. We party party yilai, has been put learning implement Constitution as a

5、items regular of work one of implement Yu always, and in different history background and the different reality need of situation Xia, also will as a items important sex work, concentrated to, and highlight to, and separate to be arrangements, only on reform more than 30 years to, most important of

6、concentrated learning implement Constitution on has four times: (ii) learning implement Constitution, is maintenance party of solidarity unified, and completed party of the task of strong guarantee. Both history and reality show that only determined to uphold the supremacy of the Constitution, accor

7、ding to the educational management of party members and cadres at the request of the party Constitution to ensure the party strictly implement the partys policy and discipline, to maintain party unity, completed the partys various tasks to provide a strong guarantee. (C) studying and implementing th

8、e party Constitution, consolidating the partys ruling status, and the inevitable requirement of maintaining the advanced nature of the party. Comrade XI Jinping pointed out: the Constitution is the fundamental law of the party, the party must follow the General rules. In all the activities of the pa

9、rty organization at all levels, will continue to guide the broad masses of party members and cadres, especially leading cadres, conscientiously study the party Constitution, abide by the party Constitution, the implementation of the party Constitution and maintaining party Constitution, should stren

10、gthen party spirit, enhance the consciousness, purpose awareness, power awareness, situation awareness, sense of responsibility, earnestly sharing sorrow for the party, responsible for the country, for the people and dedication. (D) studying and implementing the party Constitution, is to solve the p

11、roblems the partys actual needs. Comrade XI Jinping said all party members must achieve, leading cadres should first do whatever theConstitution provides that no party member can do, leading cadres should take the lead in not doing. In strict accordance with the party Constitution Party member leadi

12、ng cadre must have six basic conditions and improve their own qualities and abilities, regular checks and pay for their own shortcomings. Especially in the ideal and belief, persist in seeking truth from facts, and promote the scientific development, maintain close ties with, strengthening moral cul

13、tivation, and strict adherence to party discipline for party members to lead by example. Second, the main change in the new Constitution and the interpretation of the 18th National Congress of the Chinese Communist Party, to end on November 14, 2012 General Assembly vote, the Constitution of the Com

14、munist Party of China (Amendment) Act. 18 Congress of the partyBy the Constitution of the Communist Party of China (Amendment) Act, against 17 in six large through a revision of the party Constitution. In order to comply with the development of the situation and tasks change, every national Congress

15、 of our party will be of varying degrees of revision of the Constitution. A big party was held in 1921, due to time constraints, and developed a platform of one of the large, just a programmatic document. Our first Constitution was established by the partys second National Congress. According to the

16、 changes in the situation and tasks, after two successive congresses (except for five) different degrees of modification to the Constitution. Because of the special circumstances, the five party Constitution has not been modified, by the Politburo after changes to the Constitution. Current is develo

17、ped in September 1982 the partys 12 big changes to the party Constitution. 30 years, on the premise of maintaining the stability of the basic contents of the party Constitution, 13 and 14 and Congress of the party, 16 and 17 are with varying degrees of modification of the Constitution. Constitution

18、modified of history, is we party 92 great development course of miniature and show, a is show has we party tightly relies on people completed and advance three pieces event of great course; II is show has we party in led China revolution, and construction and reform long-term practice in the, consta

19、ntly advance Marxist China of process, constantly advance theory innovation of great course; three is show has we party constantly summary party of construction of new created, and new experience, constantly improve party of construction scientific level of great course. This 18 big through of Const

20、itution, except “master“ outside total 11 chapter, total 53 article, specific for master; first chapter members; second chapter party of organization system; third chapter party of Central Organization; fourth chapter party of place organization; fifth chapter party of grass-roots organizations; six

21、th chapter party of cadres; seventh chapter party of discipline; eighth chapter party of discipline check organ; Nineth chapter party; tenth chapter party and Communist Youth League of relationship; 11th chapter femme fatale flag. And the party compared to一、治安案件查处概述查处治安案件,是公安机关规范、引导社会成员的行为,教育、处罚违反治安

22、管理行为人,预防和减少违法犯罪的重要手段,是公安机关治安管理部门的一项主要业务工作。治安案件查处对于维护社会治安秩序和公共安全,保护公民的合法权益,保障改革开放和社会主义市场经济具有重要作用。(一)治安案件的概念治安案件查处是公安机关治安管理部门的一项主要业务工作。治安案件是违反治安管理,尚不够刑事处罚,依据治安管理处罚法及有关法律的规定认为应当受到治安管理处罚,而公安机关依法予以立案的法律事实。关于治安案件的定义,各种表述不尽一致,但我认为应当从以下四个方面来解释和把握。1构成治安案件这一法律事实的核心内容是违反治安管理行为,而不是违反其他行政管理行为,也不是犯罪行为,也不是经济、民事行为,

23、更不是有悖道德的行为。2确认治安案件的依据是治安管理处罚法 ,以及与查处治安案件的相关法律规范。3确认治安案件的当时,必须认为违反治安管理行为依法应当受到治安管理处罚。如果在确认时,认为依据有关法律规定该行为不应予以立案,也就不能称为治安案件。当然, “应当受到治安管理处罚”是立案机关在立案时的一种确认,即在当时根据通常情况,认为违反治安管理的行为人应当受到治安管理处罚。4治安案件必须是由法律授权的专门机关或组织,即公安机关立案确认的,其他任何机关、组织和个人均无权确认治安案件和立案。(二)治安案件查处的意义1有利于维护社会治安秩序,保障公共安全与公民的合法权益公安机关依法、及时、准确地查处治

24、安案件,对扰乱社会公共秩序、妨害公共安全、侵犯公民人身权利、侵犯公私财物等违反治安管理行为,视其情节与危害后Party branch Secretary of a party lecture of two speeches: tutoring covers all of the new party Constitution two education has kicked off. Study of the Constitution of this practice is a very important part. Today Ill give you a new section of th

25、e Constitution on the counselling of learning lessons, hope, through todays tutorial, further consolidation of all the party members of the new party Constitution study results to help you better understand and grasp the important knowledge in the new Constitution. This tutorial has the following th

26、ree components: one is the importance of studying and implementing of the new party Constitution; second, compared with the 17 adopted by the party Constitution, the main changes in the content and interpretation of the new Constitution; the third is at this stage how to make full use of the new ess

27、ence of the content of the Constitution to guide party building. Two thematic education in party lecture notes, and study and carry out the significance of the new Constitution (a) studying and implementing the party Constitution is the most basic obligations of each party member. We party party yil

28、ai, has been put learning implement Constitution as a items regular of work one of implement Yu always, and in different history background and the different reality need of situation Xia, also will as a items important sex work, concentrated to, and highlight to, and separate to be arrangements, on

29、ly on reform more than 30 years to, most important of concentrated learning implement Constitution on has four times: (ii) learning implement Constitution, is maintenance party of solidarity unified, and completed party of the task of strong guarantee. Both history and reality show that only determi

30、ned to uphold the supremacy of the Constitution, according to the educational management of party members and cadres at the request of the party Constitution to ensure the party strictly implement the partys policy and discipline, to maintain party unity, completed the partys various tasks to provid

31、e a strong guarantee. (C) studying and implementing the party Constitution, consolidating the partys ruling status, and the inevitable requirement of maintaining the advanced nature of the party. Comrade XI Jinping pointed out: the Constitution is the fundamental law of the party, the party must fol

32、low the General rules. In all the activities of the party organization at all levels, will continue to guide the broad masses of party members and cadres, especially leading cadres, conscientiously study the party Constitution, abide by the party Constitution, the implementation of the party Constit

33、ution and maintaining party Constitution, should strengthen party spirit, enhance the consciousness, purpose awareness, power awareness, situation awareness, sense of responsibility, earnestly sharing sorrow for the party, responsible for the country, for the people and dedication. (D) studying and

34、implementing the party Constitution, is to solve the problems the partys actual needs. Comrade XI Jinping said all party members must achieve, leading cadres should first do whatever theConstitution provides that no party member can do, leading cadres should take the lead in not doing. In strict acc

35、ordance with the party Constitution Party member leading cadre must have six basic conditions and improve their own qualities and abilities, regular checks and pay for their own shortcomings. Especially in the ideal and belief, persist in seeking truth from facts, and promote the scientific developm

36、ent, maintain close ties with, strengthening moral cultivation, and strict adherence to party discipline for party members to lead by example. Second, the main change in the new Constitution and the interpretation of the 18th National Congress of the Chinese Communist Party, to end on November 14, 2

37、012 General Assembly vote, the Constitution of the Communist Party of China (Amendment) Act. 18 Congress of the partyBy the Constitution of the Communist Party of China (Amendment) Act, against 17 in six large through a revision of the party Constitution. In order to comply with the development of t

38、he situation and tasks change, every national Congress of our party will be of varying degrees of revision of the Constitution. A big party was held in 1921, due to time constraints, and developed a platform of one of the large, just a programmatic document. Our first Constitution was established by

39、 the partys second National Congress. According to the changes in the situation and tasks, after two successive congresses (except for five) different degrees of modification to the Constitution. Because of the special circumstances, the five party Constitution has not been modified, by the Politbur

40、o after changes to the Constitution. Current is developed in September 1982 the partys 12 big changes to the party Constitution. 30 years, on the premise of maintaining the stability of the basic contents of the party Constitution, 13 and 14 and Congress of the party, 16 and 17 are with varying degr

41、ees of modification of the Constitution. Constitution modified of history, is we party 92 great development course of miniature and show, a is show has we party tightly relies on people completed and advance three pieces event of great course; II is show has we party in led China revolution, and con

42、struction and reform long-term practice in the, constantly advance Marxist China of process, constantly advance theory innovation of great course; three is show has we party constantly summary party of construction of new created, and new experience, constantly improve party of construction scientif

43、ic level of great course. This 18 big through of Constitution, except “master“ outside total 11 chapter, total 53 article, specific for master; first chapter members; second chapter party of organization system; third chapter party of Central Organization; fourth chapter party of place organization;

44、 fifth chapter party of grass-roots organizations; sixth chapter party of cadres; seventh chapter party of discipline; eighth chapter party of discipline check organ; Nineth chapter party; tenth chapter party and Communist Youth League of relationship; 11th chapter femme fatale flag. And the party c

45、ompared to2果轻重给予相应的处罚,这不仅能够惩戒违法者,使其不敢再犯,并努力减少或挽回违法行为所造成的危害后果;同时,对其他可能从事违法犯罪人员也有着震慑作用和教育作用,使人们自觉遵纪守法,共同维护治安秩序和公共安全,保障自身和他人的合法权益免受侵害。2有利于社会主义市场经济体制的建立与完善,促进物质文明和精神文明建设。保障改革开放和社会主义现代化建设的顺利进行,是公安机关的重要任务。查处治安案件都是依法追究那些扰乱妨害公共秩序和社会管理秩序、侵犯人身权利、财产权利的人员的法律责任,其根本目的是为了维护社会主义政治制度和经济基础。现阶段,我国正在建立与发展社会主义市场经济,在建设物质

46、文明的同时建设精神文明,努力使我国成为富强、民主、文明的现代化国家。因此,及时、准确地查处治安案件,对建立与完善社会主义市场经济体制,促进物质文明和精神文明建设,具有十分重要的意义。3有利于分析治安形势,提出治安对策公安机关估计和分析一个地区一定时期的治安形势,评估标准的内容相当广泛,其中包括治安案件的发案率和查处率。治安案件的个案危害性虽不及刑事案件,但它的发案率大大超过了刑事案件,不仅量大而且面广,影响也比较大。因此,认真查处治安案件,及时掌握治安案件的情况,研究作案对象的特点和发案规律,就为公安机关分析治安形势、采取相应对策管理社会治安,提供了重要的客观依据。4有利于加强社会主义民主与法

47、制建设公安机关在查处治安案件中,既要严格依法办事,又要充分保障社会主义的民主;既要严肃处理违法治安管理行为的人,又要保障其合法权益不受侵犯,切实做到不枉不纵。而且,只有对少数违反治安管理的人予以处罚,才能有效地保护多数公民的合法权益。这一切,不仅说明了社会主义民主和法制相统一的关系,而且也是加强民主与法制的一条重要途径。5有利于预防、减少犯罪,教育挽救违法青少年Party branch Secretary of a party lecture of two speeches: tutoring covers all of the new party Constitution two educa

48、tion has kicked off. Study of the Constitution of this practice is a very important part. Today Ill give you a new section of the Constitution on the counselling of learning lessons, hope, through todays tutorial, further consolidation of all the party members of the new party Constitution study res

49、ults to help you better understand and grasp the important knowledge in the new Constitution. This tutorial has the following three components: one is the importance of studying and implementing of the new party Constitution; second, compared with the 17 adopted by the party Constitution, the main changes in the content and interpretation of the new Constitution; the third is at this stage how to make full use of the new essence of the content of the Constitution to guide party building. Two thematic education in party lecture notes, and study and carry out the s

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