【作者】 于伟；

【导师】 桑本谦；

【作者基本信息】 山东大学 ， 法律， 2011， 硕士

【摘要】 群体性事件应对法治与警察职业素质的型塑具有实践和理论上的双重关联。这是一个被我国学者在论述群体性事件应对方案时忽略的重要问题。群体性事件应对法治与警察职业素质的型塑关联的学理阐释,将为群体性事件应对法治的重构指出一个重要的起点。在第一章,本文重述了群体性事件的基本理论,依次论述了群体性事件的语义、发生原因、特征。在第二章,本文论述了群体性事件与两种法治模式的内在关联,提出了群体性事件应对法治的重构方案。即形式主义法治不能为群体性事件应对提供合理的理论方案,而沟通主义法治能为群体性事件应对提供合理的理论方案。因此,群体性事件应对必须选择沟通主义法治作为重构的理论依据和理论指引。第三章重述了我国学界既有的群体性事件应对基本理论并指出其问题所在,指出了重构出与群体性事件应对法治因应的群体性事件应对方案的必要性和可行性。公安机关在应对群体性事件中具有主导作用,充当着执法者和裁判者的双重角色。因此,公安主体的群体性应对方案对重构整体意义上的群体性事件应对方案具有重要的范例意义。接着,具体论述了公安主体应对群体性事件的具体重构方案。第四章指出了公安机关应对群体性事件的重构方案必须建立在警察具备相应的职业素养这一基本预设之上,然而,我国警察现有的职业素质在整体上并不符合重构方案的理论预设。因此,在我国改进警察职业素质的型塑模式实有必要。警察职业素质的整体提升,在根本上将提高公安机关应对群体性事件的法治水平,公安机关应对群体性事件的法治水平的提高反过来也会推动警察职业素养的一般提升。因此,两者将形成一个互补和互动的循环系统。我国学界既有的警察职业素养型塑模式基本上忽视了公安机关应对群体性事件对警察职业素质的特殊要求,且基本上了遗忘了法治理念对警察职业素质的规范性作用。因此,警察职业素养的特殊型塑模式的构建对群体性应对法治的生成具有重要的意义。这一特殊型塑模式将与警察职业素养的一般型塑模式一起,形成我国警察职业素养的两元型塑模式。群体性事件应对法治的形成依赖于这两种型塑模式的互动。更多还原

【Abstract】 This article from the restatement of the basic theory of group incidents began, followed by group discussed the meaning of events,the occurrence and characteristics of Interpretation, and then leads the group of events associated with the rule of law, the internal model, the rule of law that deal with mass incidents. Then below that the rule of law and not for the formalism of group theory provide incident response support, and communication rather the rule of law doctrine should fit with the group events, communication, protection of human rights the rule of law doctrine, Care for their own theory of legal legitimacy, the political state and civil society interaction between two and a variety of legal subjects to discuss sexual behavior for the group practice of incident response tools to provide a theoretical rationalization and standardization of legal norms. Mass communication and incident response must choose the rule of law doctrine. Restatement of the academic through existing groups,the basic theory of the incident response program and pointed out the problems, pointed out the group events reconstructed with the rule of law should deal with the corresponding mass incidents necessity and importance of the program. Public security organs in response to community-based events in the direct enforcement,and the identity of the policemen as the author, the paper pointed out that the group of public security should respond to the main program on the reconstruction of the overall sense of the mass incident response program illustrates an important meaning. Restatement of the academic through both the main group of the public security incident response program and that its theory of the problem, pointed out the group events reconstructed with the rule of law in the appropriate response to the main group of public security incident response program necessity and importance of. Then, the specific subject of discussion groups, public security incidents response to the reconstruction program."Law not only self-sufficient,"Public Security Organs Deal Events reconfiguration scheme based on the professionalism of the police have a high default on the basic, but the reality of the professional quality of police on the whole does not fully match Reconstruction of the program’s default, Therefore, in our country as a whole and enhance the quality of police occupational training model to improve the quality of police professionalism is indeed necessary. Police to enhance the overall professional quality will help the public security organs in the response to the fundamental group of the event level of the rule of law, public security organs Deal with the rule of law in the event will in turn raise the level of professionalism to promote the upgrading of the police. Therefore, the two will form a complementary loop system. Restatement of the academic through the professionalism of the existing police training model and point out the problem, which largely ignored the public security organs Deal with professional quality events on the special requirements of police and rule of law is basically a forgotten concept of the professional quality of police normative guidelines for power,that the police professionalism construction of the special need for training mode,this particular model will work with the police professionalism model the formation of the general culture of professionalism of our police training mode two dollars. Professionalism of the special police training model including:police professionalism in the design of human rights awareness training tasks,the police professionalism in the academic culture of the police power of thinking design,the police professionalism in the academic culture of communication design. Reflection is important that the professional quality of police training and quality of police training,not only in the above model introduced in the classroom and the academic content but also in the police response to incidents of mass is more important to practice with.更多还原