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Composition of auxiliary police
In a narrow sense, the auxiliary police force refers to the auxiliary force that directly assists the national police to perform various functions. The auxiliary police force system is very common in the west. The use of auxiliary police force can alleviate the shortage of police force and save administrative costs. At present, there are some problems in the auxiliary police system in China, such as the system is not smooth enough, the funds are difficult to guarantee, and the quality of personnel is low. The "auxiliary police" mode introduced by Hangzhou Public Security Bureau provides a new idea for perfecting the auxiliary police system in China.
Auxiliary police force of $ TERM, public security joint defense team, police cooperation system
In order to meet the challenge of the current severe social security situation, the public security organs must first solve the problem of insufficient police resources. However, the team that increases the police force must be backed by the strong local economic strength. Without financial guarantee, increasing the establishment will become empty talk. In addition, Shao is located in an economically developed area, so it is not economical to blindly increase the police force. It is wise to improve the existing auxiliary police system in China and give full play to the efficiency of auxiliary police resources.
China's traditional auxiliary police team-Public Security Joint Defense Team (Gong Zheng Team) has played an important role in maintaining social order and cracking down on illegal crimes for a long period of time. However, after the economic transition, this auxiliary police mode has been ineffective, and the backward system has also led to problems in the quality of the team. It is the need of the situation to improve the current system of public security joint defense team (engineering team) and create a new type of police force.
First, the concept of auxiliary police force and the auxiliary police force system of relevant countries (regions)
(1) The concept of the Auxiliary Police Force
There is no uniform name or definition about the auxiliary police force at home and abroad. Broadly speaking, the auxiliary police force refers to all the auxiliary police forces except the police force. In the west, the concept of auxiliary police is similar to that of private police. They mainly include special police and private security companies. Police contract system and other forms. [1] (P 17 1) In China, the auxiliary police force in a broad sense refers to all kinds of social security prevention organizations, that is, "the security defense team, security patrol, street guard, village guard, workers' picket and other teams with different forms and titles formed by neighborhood (village) committees or units under the leadership of grassroots governments. [2] They "accept the guidance of local public security organs and help them maintain social order"; [3] In a narrow sense, the auxiliary police force refers to the auxiliary force that directly assists the national police to perform various functions. Britain's police, special police and China's public security joint defense team (labor correction team) are all auxiliary police forces in a narrow sense.
In terms of identity, auxiliary police members generally do not have the status of national civil servants; In terms of authority, they also do not have any form of law enforcement power (including administrative power and judicial power); Functionally, the auxiliary police mainly make up for the lack of police force and only play an auxiliary role.
(2) The auxiliary police system of relevant countries (regions)
In France, there are two main modes of auxiliary police force: one is called police auxiliaire, and its predecessor is French Auxiliary Gendarmerie. The auxiliary police implement the active service system, and its members are selected by the relevant organs of the Ministry of the Interior from the young people who have been enlisted in the army according to the quality and physical condition of the national police. They need to receive education and training in law, professional code, physical fitness and shooting at the police academy. After the training, they were assigned to the Paris General Security Bureau. Work in municipal police central bureau, border police central bureau, public security team and other institutions 10 month. The auxiliary police are all dressed in the same style as the national Zeng family, but there is no police title mark. In terms of authority, they do not have the authority of criminal justice and public security management, but only serve as auxiliary roles to assist the national police to perform various functions. Functionally, it is mainly engaged in maintaining road traffic order, community security management, public security patrol, police station duty or some technical work; In terms of treatment, they follow the general provisions of the National Police Regulations; If an auxiliary police officer discharged from active service is incompetent, it shall be handled in accordance with the provisions that are not suitable for military service. If you want to continue working in the national police after the expiration of the work period, you can take the national police recruitment examination. Another form of auxiliary police force refers to administrative personnel, professional and technical personnel and other service personnel who do not occupy the establishment of the national police. In order to give full play to the role of all the police in the team and avoid wasting police force for no reason because the police in front-line functional departments are engaged in routine work that ordinary people can complete. The French National Police recruited nearly 10,000 office staff to do administrative work in various institutions by way of contract staff. Due to the professionalism and particularity of police work, the National Police Agency requires these auxiliary personnel to strictly abide by the relevant confidentiality system. In recent years, with the wide application of science and technology and the modernization of office equipment, the national police need a large number of professional and technical personnel to participate in daily police work. Therefore, at present, the professional and technical personnel in the French national police are not only formally established, but also employed from the society.
In Britain, the auxiliary police force includes private security companies, special police forces, civil police, police outsourcing and citizen volunteer police (special police). There are 26 kinds of special police forces in Britain, which are local auxiliary police. Special police forces have different sizes and organizations, but they are only responsible to the municipal authorities and are not restricted by the Ministry of the Interior and local police departments. The Ministry of Defence Police, Traffic Police and London Port Police all belong to the special police force. The special police force has certain administrative law enforcement authority and can handle some minor public security cases within its jurisdiction. However, when encountering major criminal cases, the case must be handed over to the official police. The police have a long history in Britain, which originated from the early days of the police. The sharp increase of British civilian police stems from a survey of 1988 audit committee. The survey shows that the local police station claims that the police force is insufficient, but on the other hand, it is wasting a lot of police force. Generally, uniformed police spend a quarter of their time on administrative affairs, while police officers at the rank of sheriff and inspector spend an average of 40% of their working time on trivial administrative affairs. In the criminal investigation department, the situation is more serious. Therefore, in the same year, the British Home Office issued Circular 200 1. 106, it is suggested that all administrative bureaus should employ more civilian personnel to do clerical, administrative and technical work, so that police officers who have undergone strict formal training and have the power to enforce the law can be freed from tedious daily work and engaged in "real police work". The Ministry of the Interior believes that this can not only save police expenses, but also enrich the liberated police at the grassroots level and improve the effectiveness of grassroots policing. The police contract system is a form of contract system adopted by the regular police department, which employs people to undertake the work originally belonging to the regular police. They are mainly engaged in social service work. In addition, they are also engaged in some police work, such as vehicle management, but in the process of management, the law enforcement power is still in the hands of regular police. As for the special police, they are purely voluntary organizations. They have no salary, and the police department only provides them with "service remuneration". Special police are used as police reserves in emergencies such as natural disasters and emergencies. 〔 1〕p 156
In China SAR, there is a well-known auxiliary police force at home and abroad. It was founded in 19 14 and has a long and glorious history. The work of the Hong Kong Auxiliary Police Force is mainly to provide trained reserve personnel to support the regular police in dealing with emergencies. The Hong Kong Police Force consists of volunteers from all walks of life. After receiving the "Basic Training Course for Auxiliary Police", they were sent to various police districts to be stationed. At the same time, in order to ensure the completion of the task, auxiliary police members need to complete the "statutory efficiency training" every year. In addition, the Hong Kong Auxiliary Police has the rank of 1 1 auxiliary police, and the salary of auxiliary police is calculated by the hour or not. 〔5」
Through the investigation of the auxiliary police system in relevant countries (regions), we can draw several conclusions: first, the auxiliary police system is widespread in the west; Secondly, the employment relationship of auxiliary police is basically adjusted by public law or private law contract, which is protected by law and has a flexible mechanism; Third, the positioning of auxiliary police is a supplement to police force; Fourth, the losing party generally does not have the authority to enforce the law.
Through the in-depth study of the auxiliary police system in relevant countries (regions), we find that they are very similar to the administrative auxiliary personnel system in the western civil service system. In France, state administrators are divided into civil servants and non-civil servants. Among non-civil servants, one kind of assistant (IRES assistant) has no formal title. Their status and material security are different from those of official civil servants. When there is a shortage of civil servants and a lot of overwork, the government hires these people to handle administrative affairs. This kind of work is usually temporary, but with the increase of public affairs in the administrative department, the government is unwilling to spend a lot of administrative costs to recruit more formal civil servants, and the positions held by many auxiliary personnel usually become permanent. In this case, the voice of improving the status and material treatment of auxiliary personnel began to rise. After World War II; The government has guaranteed the status of administrative assistants through legislation, making their treatment gradually close to that of regular civil servants. Moreover, some auxiliary personnel have also been absorbed as civil servants. [6] The employment relationship between the government and administrative assistants is mostly determined by administrative contracts and is governed by public law. However, after 1984, France's Law on the Status of Songsong Officers restricted the administrative organs from arbitrarily using the administrative contract relationship to appoint auxiliary personnel, administrative auxiliary personnel employed by private law contracts appeared. This kind of employment relationship is more flexible and the administrative cost is lower.
Secondly, the role of the auxiliary police force.
(A) the use of auxiliary police force can alleviate the shortage of police force.
The size of the police force is determined by the crime situation and social security situation. Experience has proved that in the face of surging crime waves, police resources will be stretched. In order to quickly reverse the situation and effectively improve the ability of crime prevention and control, western countries have increased the number of police in their ranks, and at the same time adopted a large number of auxiliary police to alleviate the problem of insufficient front-line police force. At the same time, a large number of police officers are freed from simple and complicated administrative affairs and engaged in more professional police activities, which improves the efficiency of police resources.
The data shows that China's economic aggregate grows at a rate of about 7% every year, which indicates that China is in a period of rapid economic growth. After China's entry into WTO, the process of urbanization will be accelerated, and a large number of rural surplus labor will further migrate to cities, and the crime rate will certainly keep on rising, and the problem of insufficient police resources will be highlighted. How to solve this problem? In my opinion, the system of missing police in foreign countries provides us with good enlightenment.
(2) The use of auxiliary police can save administrative costs.
In western countries, there is an important theory to measure the effectiveness of the police, that is, "value for money." [1] (p151) This theory holds that the input cost of police work should be directly proportional to the output benefit. This theory has become a lever to promote the reform of public security work. The famous "police privatization movement" in western countries is the product of this theory.
Generally speaking, the police in the ranks have the status of national civil servants, and their status and treatment are protected by public law. In foreign countries, the social status and treatment of officially enlisted police officers are very high, and it takes a lot of administrative costs for government departments to recruit a police officer. It is relatively cheap to hire auxiliary police in the form of administrative contract or private law contract. The British special police don't even get paid, and the police department only provides them with a symbolic "service reward".
According to China's current system, public security funds belong to local finance. In recent years, in order to create a good investment environment and ensure the safety of one party, all localities have spared no effort to increase investment in public security work, but the funding gap is still large. In some places, not only the funds for handling cases cannot be guaranteed, but even the salaries of police officers are difficult to pay. In this case, it is difficult to solve the problem of insufficient police force by increasing the formal establishment. In the period of planned economy, the government may not pay attention to the technical personnel of public security organs, but under the condition of market economy, social resources, as a scarce resource, need to be rationally distributed among various departments, such as infrastructure investment and education expenditure, which require a lot of resources. Therefore, the solution to the problem of insufficient police force can not only rely on a large-scale increase in the number of police forces. On the contrary, it is more practical and economical to choose the auxiliary police system with low cost and high output.
So, is it reasonable to increase the police establishment in economically developed areas? I think it is unreasonable. The reason is that simply increasing the police force in the ranks does not conform to the "monetary measurement theory of value". First of all, blindly increasing the police establishment will lead to the public paying a lot of taxes. Secondly, unilaterally increasing the police force cannot effectively curb the criminal momentum. The lessons of Britain's unilateral pursuit of police expansion are worth learning. In 1970s, Britain carried out the "third police revolution", which greatly increased the establishment of police force, making taxpayers overwhelmed. Instead of effectively curbing crime, it has led to the simultaneous growth of police force and crime. The appearance of this phenomenon makes western police scholars begin to realize that simply increasing the establishment of police force is not a good strategy to curb crime. To this end, the British Devon police chief Joey Anderson put forward the "no growth improvement theory". [1] (P 19) Another example that can quote the author's point of view is that in the 1980s, the US government considered increasing the number of tax collectors in response to the increase in tax evasion among citizens. But this plan was not passed in Congress. The reason is that the newly increased taxes may not be enough to pay the salaries of the newly increased tax collectors. Another option is to adopt stricter tax measures. Therefore, even in economically developed areas, to solve the shortage of police force, we should pay attention to the rational allocation of police resources, rather than simply increasing the establishment.
Third, the current situation and confusion of the main auxiliary systems in China.
The traditional auxiliary police force in China, that is, various forms of social security prevention organizations, has a long history. They are the product of the mass line advocated by our public security organs. In the planned economy period, the people's enthusiasm for participating in public security prevention is generally high, and the public security organs have a strong ability to mobilize the forces of mass prevention and mass management to carry out public security prevention. However, the enthusiasm of the public to participate in social security prevention is generally low, and the market-oriented operation mechanism makes the public security organs fail to command when standardizing the group defense and group management team. There are two main reasons for this phenomenon: one is the change of people's values. In the past, people's values were relatively simple and they paid high attention to social security. Nowadays, people's values tend to be diversified, and their demand for public safety has greatly increased, but their sense of social responsibility has been relatively weakened. Second, China's traditional auxiliary police system is backward and the mechanism is not alive. Limited to the theme of this article, the author will focus on revealing the second reason here.
(A) the system is not smooth enough
The security joint defense team is the main auxiliary police force in China. This team was founded in the late 1970s and early 1980s. It is an important auxiliary force and peripheral organization for public security organs to maintain social order. Led by local grass-roots governments and neighborhood committees, they accept the guidance and supervision of public security organs in public security prevention. 1in may, 1993, the Ministry of public security clearly pointed out in the "notice on strengthening the construction of public security joint defense team": "public security joint defense team is a mass public security prevention organization and an important force to assist public security organs in preventing and cracking down on illegal and criminal activities and maintaining social order." Based on the principle of "taking from the people and using it for the people", the members of this team basically come from enterprises and institutions under the jurisdiction of grassroots governments. In order to facilitate management and use, the public security organs require the team members to stay at the grassroots level and directly participate in various social security prevention work.
This team is formed by the government, its business is guided by the public security organs, and its personnel relations are subordinate to different units. There are many disadvantages, which are manifested as follows: First, the joint defense team (industrial correction team) is fragmented and has no superior organization, which is not conducive to unified leadership. Second, the affiliation of personnel is complex, and team members lack a sense of belonging. Third, the employment relationship is not clear, and it is difficult to protect the legitimate rights and interests of players.
(B) funding is difficult to guarantee
The investors and users of the joint defense team are separated. The personnel relations and wages of players are subordinate to all units, while the use of personnel is dominated by public security organs. The public security organs have no special funds for the construction of joint defense teams (industrial correction teams). According to the author's investigation, the members of the joint defense team (industrial correction team) are basically from difficult enterprises, and their living conditions are generally low. Public security organs are not for-profit organizations, so it is impossible for them to spend a lot of money to subsidize them, and at most, to pay a small amount of duty fees and meals, or to give certain rewards to those who have outstanding performance in their work and arrested criminal suspects, thus playing an incentive role. Once the enterprise to which the players belong goes bankrupt, the players will be laid off, the public security organs can't bear the salary expenses of these people, and the government departments have no special funds to bear the unemployment risk of the joint defense team (industrial correction team), which leads to the loss of personnel and the distraction of people. In addition, members of the joint defense team (industrial correction team) are generally engaged in high-risk work, and cases of being attacked by criminals while on duty occur from time to time. Due to economic reasons, they basically did not buy all kinds of insurance and lacked the necessary social security.
(C) low quality of personnel
In the Notice of the Ministry of Public Security on Strengthening the Team Construction of Public Security Joint Defense Teams, the employment requirements for members of public security joint defense teams (work-study correction teams) are higher. In fact, with the existing formation mode and the status and treatment of members of the joint defense team (industrial correction team), it is impossible to attract qualified and better-quality personnel to join. Put yourself in others' shoes. All units in the jurisdiction are reluctant to send personnel with better quality to the joint defense team (work correction team). On the contrary, some "laid-off workers" with poor quality, old age and no skills eventually become members of the joint defense team (industrial correction team). The defect of system leads to the defect of personnel quality. It can be expected that the auxiliary police team formed by these personnel can not guarantee the completion of the task at all. Even a considerable number of members of the joint defense team (industrial correction team) pretend to be "public security personnel" and eat and get cards everywhere. Yes, it's illegal. These bad behaviors not only seriously violated the legitimate rights of citizens, but also damaged the overall image of public security organs.
Fourthly, the prospect and outlet of China's assistance to various forces-the enlightenment of "police cooperation" system.
200 1 1 1, released by Hangzhou Police Cooperation Detachment. The police detachment is a professional group prevention and treatment team funded by the government and managed by the public security organs. This standardized auxiliary police team has completely solved the system defects of the public security joint defense team, ensured the source of funds, adjusted the personnel structure and improved the quality of the team members. Meanwhile. It also lightens the burden of enterprises (funded enterprises and institutions), provides laid-off workers with re-employment channels, assists in establishing various systems, and provides new ideas for improving the traditional auxiliary police system in China. To sum up, Hangzhou's "Xiepu" model has the following advantages:
(1) The system is smooth and the mechanism is flexible.
The public institution of Hangzhou Police Detachment is a financial subsidy institution. The city and district respectively go through the legal person registration procedures of public institutions in accordance with relevant regulations, but all the personnel implement the labor contract system and the employment mechanism of "indefinite personnel". This model is very similar to the British police contract system and the auxiliary police hired by the French private law contract. In terms of management system, the police assistant adopted the mode of "combination of sections and sections" and set up three levels of management institutions: detachment, brigade and squadron. This kind of organization system makes the associations form a unified organization, and changes the pattern of the former fragmented defense team (industrial correction team). In order to strengthen the guidance of public security organs on the work of auxiliary police, fully tap the resources of auxiliary police, and put auxiliary police into front-line work to the maximum extent, public security organs at all levels designate a leader in charge to manage the work of auxiliary police, and determine that the police in charge will be responsible for the daily management of the auxiliary police team.
(two) sufficient funds, preferential treatment
Hangzhou joint recruitment funds are unified into the financial budget of the municipal and district governments. The funds of the brigade directly under the municipal level shall be borne by the municipal finance, and the rest shall be borne by the municipal and district finance in a ratio of 5: 5. Compared with the traditional joint defense team (industrial correction team), the treatment of the police has been significantly improved. First, the income is stable. The salary of the members of the traditional joint defense team (industrial correction team) depends on the original unit, and their income is unstable. Once an enterprise goes bankrupt, it loses its income security. Secondly, with the social security system, the occupational risks are reduced. In the financial allocation, the detachment of Hangzhou Police Association has specially set aside a piece to buy six kinds of insurance for members of the Police Association to solve their worries. Third, the introduction of incentive mechanism, well-done, outstanding performance of the police, can also get more pay. The criminal police detachment and its subordinate brigades and squadrons have set up "grasping prizes", and different reward levels are set according to the punishment degree of suspects.
(C) merit-based recruitment, focusing on quality
The disadvantages of the traditional joint defense team system lead to the low quality of the players. Based on the principle of "openness, equality, competition and merit-based", the new police assistant system employs team members through compulsory examinations and competitive posts, ensuring the quality of system personnel. At the same time, in order to stabilize the original defense team (work-study team) and successfully complete the alternation between the old and the new, under the same conditions, priority will be given to hiring the backbone of the original defense team (work-study team), laid-off workers, demobilized veterans and personnel with professional knowledge of public security management.
(four) clear positioning, clear authority.
The post of police coordinator is to "assist" the police force, which belongs to the professional group prevention and treatment team and does not have the power of administrative law enforcement. In terms of institutional nature, although the police coordination group is a financial subsidy institution, it is not a first-level authorized law enforcement agency. The police coordinator must carry out all the work under the leadership of the police. The tasks that need to be completed according to law can only be completed by the police in the team, and police cooperation only plays an auxiliary role. Legally speaking, the police have only rights, but no power, which is no different from the rights enjoyed by ordinary citizens. In terms of law enforcement authority, the police association system has not broken through the provisions of the joint defense team (industrial correction team). In terms of functions and powers, Hangzhou Public Security Bureau has specially formulated the Interim Provisions on the Work of Hangzhou Police Coordination Detachment, which clarifies the responsibilities of police coordination and facilitates police coordination to carry out various tasks. These duties mainly include: first, assisting the police in public security prevention. Under the leadership of the police, carry out public security patrols, inspect and publicize the work of "four defenses" to prevent illegal crimes. Second, assist the police to participate in public security management. For example, assist the police in managing dangerous goods and stop illegal activities such as pornography, gambling, drugs and prostitution. Third, assist the police in cracking down on all kinds of illegal and criminal activities. If the police find that the suspect is committing an illegal act, they can immediately hand it over to the public security organ for handling. In addition, under the guidance of the police, police officers can carry the necessary defense equipment to subdue criminal suspects for proper defense. Fourth, after the incident, Xie Yu should protect the scene in time and notify the public security organs in time. Fifth, provide all kinds of assistance and services to the public. For example, assist the public security organs to provide good services to help seekers and actively participate in rescue and disaster relief.
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