论文标题:公安执法伦理研究
The Ethical Study of Public Security"s Enforcing the Law
论文作者 阳红光
论文导师 唐凯麟；王泽应,论文学位 博士,论文专业 伦理学
论文单位 湖南师范大学,点击次数 764,论文页数 150页File Size7964k
2005-05-01论文网 http://www.lw23.com/lunwen_1855272/ 公安执法;伦理本性;制度伦理;伦理理念;道德原则;执法手段的正当化;道德品质
public security enforces the law; ethical nature; institutional ethics; ethical idea; moral principle; properness of means of enforcing the law; moral character
当代社会各种矛盾和冲突的解决需要公安执法。执法是法律赋予公安执法者的权力,也是公安执法者应尽的义务。公安执法者通过打击违法犯罪,维护了公民的权利,保护了公共利益,营造了良好的社会治安环境。但个别公安执法者的不良的甚至恶劣的行为却给公民带来了极大的伤害,人们害怕和痛恨这些知法犯法、品行恶劣的公安执法者,也对那些消极执法、品行不端的公安执法者极为不满。为了使执法既合法又合道德,我们应该加强公安执法伦理研究。 本文从公安的角色定位入手,确定了公安执法者应该履行的职责,揭示了公安执法所固有的伦理本性,并逻辑地得出了公安执法伦理不是个体道德或者职业道德而是制度伦理(准确地说,它是制度运行伦理中的制度实现伦理)的结论。在此基础上,本文建构了公安执法伦理的理论框架,即公安执法者对待其对象和任务时应该具有的伦理理念、在其执法活动中应该遵守的主要道德原则、执法手段的道德化或者正当化及警察应该具有的道德品质。 公安执法伦理研究的逻辑前提或者立论基础是证明公安执法本身具有伦理性质。为此,本文首先必须对公安角色予以准确的定位。在本文看来,公安不是用于解决敌我矛盾而是用来解决人民内部矛盾的。由此所决定,公安的角色应该定位于既是一个执法机构又是一个服务部门。执法是公安的法定义务,而服务则是公安的真正本质。公安角色的这一定位实际上就是对公安职责的确定。公安应该履行的职责可以分为两种:其一是作为总体的公安的职责,其二是作为个体的警察的职责。作为总体的公安的职责是惩治违法犯罪和保护人民,即执法职责和服务职责。警察的职责也有两种,其一是警察对组织和上级的责任,其实质是一种管理责任;其二是警察对公民的责任,其实质是一种道德责任。这两种责任是一致的,但根本的责任是对公民的义务。公安应该履行的职责意味着公安执法有其伦理本性,这种伦理本性由公安执法所依据的法律的性质、权力的性质和执法主体的道德自主性三个因素所共同决定,具体地表现在公安执法既是维护公民权利的方式又是实现公共利益的手段上。
A solution of all sorts of contradictions and conflictions in contemporary society needs that public security enforces the law. To enforce the law is a power that laws entrust to public security officers, and it also is a bounden duty of them. By cracking down on illegal activities and crimes, public security officers have defended civil rights, protected public interests and constructed a good social environment of public security. But bad even odious actions of very few public security officers have brought extreme harm to citizens, people are afraid of and hate bitterly these public security officers who knowingly violate the law and their moral conducts are odious, they are very dissatisfied with those public security officers who enforce inactively the law and their moral conducts are bad. In order to make that enforcing the law is both legal and moral, we should strengthen an ethical study of enforcing the law of public security.This dissertation starts from determining role of public security, has defined duties that public security officers should carry out, has revealed intrinsic ethical nature of public security"s enforcing the law, and concluded logically the conclusion that a ethics of public security"s enforcing the law is not an individual morality or professional morality but institutional ethics, exactly it is an ethics of institutional realization in an ethics of institutional operation. On the basis of this view, this dissertation has constructed theoretical frame of ethics of public security"s enforcing the law, namely ethical ideas that should be possessed by public security officers when they deal with their objects and tasks, main moral principles that should be observed in their activities of enforcing the law, a morality or legitimacy of means of enforcing the law, and moral character that should be possessed by policeman.The logical premise or basis of establishing conclusions of anethical study of public security"s enforcing the law is to prove that public security"s enforcing the law has itself ethical quality. For this, at first, this dissertation must exactly define the role of public security. I think, public security is not used to resolve contradictions among ourselves and the enemy; but is used to resolve contradictions among the people. Decided by this, a role of public security should be defined to the role that it is both an organization of enforcing the law and a department of service. Enforcing the law is a legal duty of public security; nevertheless, the service is a real essence of public security. In fact, this definition of the role of public security is a definition of duty of public security. The duties that should be fulfilled by public security can divide two kinds: the first is a duty of public security on the whole; the second is a duty of policeman being an individual. The duty of public security on the whole is to punish illegal activities and crimes and protect the people, namely a duty of enforcing the law and serving. The duty of policeman has also two kinds, the first is a duty of policeman to organizations and the superiors, its essence is a duty of management; the second is a duty of policeman to citizens, its essence is a moral duty. These two kind duties are consistent, but the fundamental duty is a duty to citizens. The duties that should be carried out by public security, mean that public security"s enforcing the law has its ethical nature, this ethical nature is jointly decided by the three factors of qualities of laws and powers of accorded by public security"s enforcing the law and moral acting of subjects of enforcing the law, this ethical nature in particular show that public security"s enforcing the law is both a way of defending civil rights and a means of realizing public interests.The ethical ideas of public security"s enforcing the law is not only a reasonable motive and guiding force of public security officers" enforcing the law, but also a standard judging that their enforcing the law has or not has moral reason. These ideas include an idea of ord
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