February** Dynamic Incentive Program
Public security detention is aimed at individuals who are contrary to public order but whose conduct does not constitute a crime, and is intended for disciplinary and educational purposes through short-term detention. However, with the rapid development of society and the continuous improvement of citizens' awareness of the rule of law, the original public security detention system and the various problems exposed in the process of implementation have gradually become the focus of social attention. Among them, the most prominent problems include the abuse of discretion in the process of law enforcement, the uneven quality of law enforcement personnel, the lack of supervision mechanisms, and the double-edged sword effect of society.
Public security detention is a severe public security punishment that deprives the offender of his or her personal liberty for a short period of time. However, in the current practice of law enforcement, the public security organs enjoy too much autonomy in detention decisions, which affects the consistency of punishment decisions. Similar offences may be detained for different periods of time and place, reflecting the abuse of discretion and inadequate oversight. It is necessary to strengthen supervision over the public security organs, ensure the fairness and rationality of public security detention and punishment, and protect the rights and interests of citizens while maintaining public order.
China's public security situation is becoming increasingly severe, and higher requirements are put forward for law enforcement personnel, but the shortage of grassroots police force and the insufficient law enforcement level of some front-line public security police have limited the efforts to improve the law enforcement environment. In turn, it triggers appeals and accusations from the punished, which exacerbates the society's distrust of the public security organs. In addition, the lack of police strength at the grassroots level has also caused some auxiliary police officers who have not been adequately trained to participate in law enforcement work, and because of their lack of work experience, they are prone to make mistakes, but instead consume a lot of resources to make up for it, which further aggravates the difficulty of public security management.
The supervision system for public security detention punishments includes internal review and approval by the public security organs, as well as external appeals and accusations by the punished person. However, there are a number of problems with the current oversight mechanism, in particular the timing of external oversight intervention. In reality, supervision often begins after a penalty decision has been made, calling into question the legitimacy and fairness of public security detention decisions. In addition, after the investigation of the offender is completed, it is necessary to wait for the review and approval of the legal department, which is easy to delay the detention procedure and may also infringe on the lawful rights and interests of the punished.
The power of rumors and public opinion is enormous, especially in today's awakening of civic consciousness and the development of network technology. However, most netizens are easily misled and unable to distinguish the authenticity of information, resulting in the rapid spread of false information, which in turn triggers public opinion. Under the high pressure, some case-handling policemen often "timid" and adopt a "muddy" attitude, and even the absurd situation of "kneeling law enforcement" occurs. This irresponsible law enforcement method not only damages the image of public security, but also damages the majesty of national laws, and has a negative impact on the administration of public security and the enforcement of punishments.
Although the detention center belongs to the public security organs, there are some problems in the actual implementation of public security detention penalties with the case-handling departments. The police handling the case believe that their procedures are legal and complete, but there will still be problems in the transfer process. In contrast, detention centers pay more attention to the prevention of any accidents internally, and often adopt a "one-size-fits-all" refusal to accept those who are "acceptable or not". In addition, the medical facilities in the detention facilities are inadequate, and staff are concerned about problems, and detainees who "feign illness" may also be rejected. For this reason, the police handling the case usually need to send the person to the hospital for a more detailed physical examination.
In this regard, establish a detailed discretionary gradient of public security punishments, clarify the definitions of various types of illegal acts and corresponding law enforcement procedures, and actively listen to the opinions of the public, and improve the criteria for determining public security detention punishments. Optimize the deployment of police forces at the grassroots level of public security, starting with the recruitment and training of police officers, ensure that the professional quality and law enforcement level of each police officer meet the standards, and establish a model of veteran police officers leading new police officers, so as to improve the efficiency of the use of police resources. Innovate the mode of decision-making supervision, carry out categorical management of cases, and introduce supervision organs to intervene in the case decision-making process at appropriate times, to provide protection for the lawful rights and interests of the penalized. In addition, improve the system of connection between detention and punishment, establish a nationwide network of credit files for offenders in public security cases, strengthen information exchange, and promptly update the health status and enforcement conditions of the punished, so as to effectively solve the dilemma faced by public security detention and punishment.
Improving the public security detention and punishment system is a systematic project, which requires the joint efforts of the society, the society and the people. Continuously improve system design, innovate law enforcement concepts, strengthen legal safeguards, ensure that the public security detention system is more fair and reasonable, and better serve the overall situation of social governance and the construction of a country under the rule of law. In this process, every link should not be neglected, and every reform should be full of wisdom and humanistic care, with a view to building a more harmonious, just and civilized society.