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在公安法制建设过程中,执法观念落后是根本性的。目前,这种落后的执法观念,即执法思想主要表现为法律工具主义思想、国家主义、公权至上思想、以管人者自居的思想、政策优先于法律的思想、实体优先于程序的思想、“利己”“实用”主义思想。这种落后的执法观念与依法治国、建立社会主义法治国家的方向是背道而驰的。公安机关在法制建设过程中,必须确立法律至上观、权利本位观、公正与平等观和以人为本思想。要根据宪法、立法法等精神,建立科学、完善的公安法规体系,从源头上保证执法有据;根据执法为民的指导思想,抓好执法过程中薄弱环节和空白点的制度建设;加强对执法制度执行的监督力度,保证执行质量;加强执法制度的清理工作,保证执法依据的统一性。
In the process of building public security legal system, the concept of law enforcement is backward. At present, the concept of law enforcement that lags behind is mainly manifested in the legal instrumentalist ideology, the nationalism, the supremacy of public supremacy, the ideology in which the person in charge resides, the policy taking precedence over the law, the entity giving priority to procedural thinking, “Self-interest” “pragmatic” thinking. This backward concept of law enforcement runs counter to the principle of governing the country by law and establishing a socialist country under the rule of law. In the process of legal system construction, the public security organs must establish the concept of supremacy of law, the concept of right based on facts, the concept of fairness and equality and the people-oriented thinking. We should establish a scientific and perfect system of public security laws and regulations based on the Constitution and the law on legislation so as to ensure law enforcement evidence from the source. According to the guiding ideology of law enforcement for the people, we should do a good job in institutional building of weaknesses and gaps in law enforcement. Supervise the implementation of the system to ensure the quality of implementation; strengthen the clean-up of the law enforcement system to ensure the unity of law enforcement basis.