What is the concept of modern policing

Theoretical discussion on the concept of modern policing

The research literature on modern policing in developed countries in the West has been as vast as a sea of smoke, but so far we have not found a clear definition of modern policing in the Western policing community. From the modern police thought in the late Qing Dynasty in the introduction or dissemination of more than a hundred years, if from the reform and opening up after the introduction of the concept of modern policing in our country counted more than a decade, our police theory department of modern policing has also done some research, published a number of treatises, but from our many public publications, has not seen a scientific definition of modern policing. The concept of modern policing has not been activated in the official documents of our state or police leading authorities. However, some of our colleagues in the police community often use this concept, which clearly shows a huge difference in the measurement or evaluation criteria of modern policing, for example, in 2002, some leading comrades commented that "Guangdong has basically established a modern police mechanism that is scientific, standardized, clean and efficient." But in the same year, as the capital city of guangdong province, guangzhou city and put forward "to realize in the next five years from the traditional police to the modern police of the leap". Secondly, the evaluation criteria for modern policing are obviously far apart. Now we have to ask: what is modern policing?

Since modern policing was first created in Britain, the author searched the website about British policing and found two materials about Robert Beer, the founder of modern policing, about modern police, that is, two versions of the "nine principles" of modern policing. This article attempts to study the nature and definition of modern policing from these two versions.

I. "Bill's Principles" and the analysis of the essence of modern policing

I have translated both versions of Robert Bill's "Nine Principles" of modern policing into Chinese, and transcribed them as follows.

Robert Beer's "Nine Principles of Modern Policing", Version 1: In 1822, Mr. Robert Beer was appointed to the Metropolitan Police Commission in London, and after seven years in office, faced with strong public dissatisfaction with the police, he proposed a new policy for the police. In 1822, Mr. Robert Beer was appointed to the Metropolitan Police Commission of London and, after seven years in office, in the face of strong public dissatisfaction with the police, proposed a program for the reform of the force. I. Prevention: The basic mission of police existence is to prevent crime and maintain order. II. Public acceptance: The ability of the police to fulfill their duties depends on public acceptance of police conduct. Public Cooperation: The police must obtain sincere public cooperation and respect for the police by complying with the law themselves. Force: The extent to which public cooperation can be obtained decreases with the necessity for the use of force. Impartial Service: The police cannot gain public support by appealing to public opinion, but must always rely on the absolute impartiality of service to the law. Necessity of force: The police use force necessary to maintain law or restore order only when persuasion, advice and warnings are ineffective. VII. The Police are the Public: At all times, the police are in touch with the public, recognizing the historic tradition that the police are the public and the public are the police. The police are simply the public who work for the welfare and survival of the community, who serve the public full-time, who are in the public, and who are paid to be in the public. Police Functions: The police should always adhere to their police functions and never exceed their judicial powers. Nine, police effectiveness: the police function assessment (standard) is to eliminate crime and maintain order, not to see what the police did for this.

Translation of the original text of Robert Beer's "Nine Principles of Modern Policing" version 2: The concept of modern policing arose in 1829, when Mr. Robert Beer (the founder of modern policing) introduced the City of London Police Construction Clauses Bill to the British Parliament. In 1829, Mr. Robert Beer (the founder of modern policing) proposed to the British Parliament a bill for the construction of a police force for the City of London. London at that time was plagued by crime and many citizens were not safe. Pickpocketing, gambling and burglary were commonplace in all types of crime. An important element of Robert Beer's plan was the separation of policing and justice. According to Beer, the police should be responsible for only one aspect of the rule of law, the enforcement phase. The trial, conviction and punishment phases should be relegated to the judiciary. This idea has been passed down to this day, and the substance remains unchanged. In this bill, Bill puts forward his nine principles for building the police: I. Prevent crime and maintain order as an alternative to military repression and draconian law. Always recognize that the authority of the police to carry out their functions and duties is dependent (or derived) from public approval of police presence, police activity, and police conduct. It is always recognized that gaining public respect and acceptance also means that the police have to gain the sincere cooperation of the public by enforcing the law and abiding by it. Always recognize that the degree of public cooperation is diminished by the need to use force and coercion to achieve police objectives. Public support is not to be obtained by appealing to public opinion, but always by absolute impartiality in the service of the law; by complete independence of policy, without regard to the substantive justice of individual laws; by willingness to render individual service and to maintain contact with all members of the public, irrespective of their wealth or status; and by humility and goodwill toward the public, rather than by courageous sacrifice of one's own life. Force shall be used only when necessary to maintain the law or restore order, and when advice, counsel, and warnings are insufficient to obtain the cooperation of the public; force shall be used only to the minimum extent necessary to achieve police objectives. VII. At all times, the police must remain in touch with the public, recognizing the historical tradition that the police are the public and the public are the police. The police are simply the public who work for the welfare and survival of the community, who serve the public full-time, who are among the public, and who are paid to do so. Always recognize that the executive function of the police must be strictly adhered to and must not, even superficially, overstep the bounds of judicial power, or engage in personal vendettas, or convict by force, or punish by force. Nine, always recognize that the assessment of police effectiveness (criteria) is to eliminate crime and maintain order, and not to see what the police do for this purpose.

The two versions are only slightly different in expression, the order and basic meaning of the "nine principles" are exactly the same. According to the order of the two texts, we can summarize the "nine principles" of modern policing as follows: First, focus on the principle of crime prevention and maintenance of order. In addition to explicitly stating this principle, Version 2 also specifically points out that the intention of focusing on prevention is to avoid "military repression and harsh laws" by "preventing crime and maintaining order". Secondly, the principle of public recognition of police powers or the principle that police powers are conferred by law. It should be noted that the United Kingdom has a local self-government policing system, and police power comes directly from the local government, while the administrative power of the local government comes from the law, i.e., the government (including the police) obtains the administrative power of law enforcement through the authorization of the law. Thirdly, the principle that the police must enforce the law. Although Version 1 of this article is preceded by the phrase "public cooperation" in boldface type, the emphasis in the text is on "law enforcement and compliance", and it is only through "law enforcement and compliance" that the police can It is only by "enforcing the law" that the police can obtain the sincere cooperation of the public. Fourth, the principle of the least use of force. Literally, the text does not directly use the words "least use of force", but from the logical relationship of the whole text, this principle is clearly expressed. In its statement, the text expresses the need for the police to use force and coercion in order to achieve their operational objectives, but in order to gain public support, the text emphasizes the need to use the least amount of force. I am afraid that the police in developed countries now follow this principle. Fifth, the principle of impartiality in the administration of justice. The direct expression in the text is "absolute impartiality in the service of the law". Sixth, the principle of necessity or proportionality in the use of force. Seventh, the principle of civilianization of the police. The original text states that the police are the public and that the police must maintain close contact with the public. Eighth, strictly adhere to the police to perform their functions and never exceed the principle of judicial power (Note: the separation of police power and judicial power in the West is based on the principle of "separation of powers", while the separation of policing and justice in our country is mainly based on the division of labor on the function). Ninth, the principle of effectiveness. Evaluation of police performance standards is the elimination of crime and the maintenance of order. These are the nine basic principles of modern policing proposed by Robert Beer when the modern police system came into being.

To study and accurately grasp the concept of modern policing, only to understand the above "nine principles" is not enough, I'm afraid more important to understand the "nine principles" of the historical background. We know that the police system has never been the police group independent behavior, the police system is subordinate to the economic and political system of a certain society. Modern police system is a modern country's economic, political, cultural and social institutions in the social security system of the comprehensive reflection. The study of modern policing can not be isolated, simply on the modern police itself some specific phenomena to study it, but from the modern country's economic and social form, the constitution, the political system of the background level to study. Modern policing in the early nineteenth century in the United Kingdom, then, to determine the modern police in London, England, what is the basis for the emergence of the police? Or what are the reasons behind the "nine principles" of modern policing? In my opinion, the modern police system so produced in the early nineteenth century in the United Kingdom, the fundamental basis for three: First, the market economy has become the British society dominant or dominant form of economy. Britain is the earliest country in the history of the world to develop a market economy. From the seventeenth century to the early nineteenth century, the scientific and technological center of the world realized the transfer from Italy to Britain, and an unprecedented scientific revolution, technological revolution and industrial revolution took place in Britain. The three revolutions greatly promoted the specialization of social production and the socialization of products in Britain. By the 1820s and 1830s, the market economy in Britain had become the dominant form of social economy. The "nine principles" of Robert I. Beer basically reflected the requirements of the British market economy on order, freedom, democracy, justice, efficiency and the rule of law at that time, and the kind of policing system in the feudal era, in which the army, the judiciary and the social security forces were mixed together, was not adapted to the requirements of the development of the market economy. Therefore, modern policing is a product of the market economy society, modern policing is a market economy society as the background of the police system. Secondly, the rule of law mechanism for restraining social power in Britain has basically been established. Britain is actually the earliest country to establish the modern rule of law. As early as in the Anglo-Saxon era, the United Kingdom produced the idea of restraining and limiting the power of the king through the law. 1689, the British Parliament enacted the Bill of Rights, establishing the principle of parliamentary supremacy, announcing the end of the dictatorship of the king, marking the basic formation of the rule of law system in the United Kingdom. The seventh of the nine principles of the London Metropolitan Police established by Robert Beer was the idea of separation of the executive and judicial powers. It is fully consistent with the rule of law thinking of British society on the separation of powers. Modern policing can also be considered as policing based on the rule of law. Thirdly, the rule of law for the protection of human and civil rights has basically taken shape. Britain is actually the earliest country in the world to practise human rights. As early as 1215, the Magna Carta of Freedom, which was born out of the struggle of the Church of England against the King, stipulated human rights for the first time in the form of a legal text. Although the subjects protected by human rights here were still archbishops, nobles and freemen, and the document was essentially a feudal one, its significance went far beyond the text itself. In the following centuries, Britain through the Petition of Right, Habeas Corpus Act, the Bill of Rights and other documents continue to habeas corpus system through the law to be recognized, the establishment of the modern sense of personal freedom rights. Robert B. Beer's "Nine Rules of Modern Policing". Bill modern police "nine principles" all show the ideological concept of human rights and civil rights protection. In this sense, modern policing is to protect human and civil rights as the core content of the police system.

In summary, the early nineteenth century Robert Beer's modern policing, in terms of its nature, we can define, is based on the market economy and the rule of law society, in order to protect human rights and civil rights as the core content of the police system. Modern policing is a product of a market economy and a society based on the rule of law. Modern police system is relative to the self-sufficient natural economy as the background, based on the feudal era of "rule of man" system, to protect the feudal king's power (or royal power) as the core content of the ancient police system. In this sense, modern policing is a great historical progress. It is a concrete expression of the development of human civilization in the police system, is the civilized development of human society **** the same results.

Second, "Bill principle" of the new development and the basic characteristics of modern policing

With the world's economic, political, cultural and social development and progress, with the market economy from the "free" form to the "modern" form. "Modern" form of transition, modern policing is also constantly evolving. 170 years, the modern police system has undergone three major changes, including the United States "police professionalization movement", Europe and the United States of America's "police modernization movement". "Police modernization movement" and "new police model reform (community policing movement)" in Europe and the United States, and since the late 1970s, modern policing is facing the challenge and development of modern "new changes in government management. Since the late 1970s, modern policing has faced the challenge and development of modern "new changes in government management". Modern policing has not changed in its essence, i.e., in the economic and social foundations on which it is based and in its core content, but, compared with the "Beale era", modern policing is characterized by a number of new features. I here on the level of modern policing and modern policing "social" level of features to do a brief summary:

First of all, from the level of modern policing itself, the basic features of modern policing can be summarized in the following aspects: First, the concept of policing sophistication. Modern policing and ancient policing specific forms, such as patrols, arrests and so on are basically the same, but for whom to do policing, in what way to do policing, policing values and so on these issues in different times, different countries, the content is not the same. The advanced nature of policing philosophy is a fundamental feature of modern policing. Moreover, the concept of policing is a multidimensional concept, which includes the concepts of policing purpose level, policing way level, policing method level and so on. On the police purpose of the concept of the level, the modern police concept is specifically manifested in the concept of people-oriented concept, service concept and so on. Second, the legalization of police work. The so-called legalization refers to the existence of the police from the police, police business activities, police behavior and the scope of police power and so on must be determined by law; from the main body of law enforcement to law enforcement procedures, from the internal management to the operation of external power must be regulated by law. It is manifested in the Constitution, laws, regulations, to administrative regulations and other modern police laws and regulations. Modern police is based on the rule of law society, modern police must follow the principle of the rule of law; modern police is people-oriented police, human rights protection must have institutional arrangements. Third, the rationality of the police management system and operational mechanism. Modern market economy not only requires the rational allocation of economic resources in economic activities, but also requires administrative resources (here refers to police resources) should also be rational allocation and scientific operation. Fourth, the modernization of the quality of police personnel. The modernization of human quality is the fundamental factor of modern police. Fifth, the modernization of police science and technology, information technology. Without the modernization of police science and technology, information technology, modern policing is lame.

From the modern police as a part of the government, from the modern "new changes in government management" requirements, from the modern police social, political, legal subordination and other multi-dimensional level to study, I think, the characteristics of modern policing can also be summarized in the following six aspects: First, limited police. In the market economy, the market mechanism is the basic means of resource allocation, the government can only be a limited government, the police can only be limited police. Police powers are conferred by law; police authorities must govern and administer the police in accordance with the law; the exercise of police powers must be subject to supervision; and the management of society by police authorities should not impede the effective and rational allocation of social resources. Second, service policing. Under the conditions of the market economy, the social requirements of the government, including the police function positioning in the public **** management and social service providers, the police way is from "control" police to service police transformation. Third, integrity policing. Integrity policing requires the police administrative organs to publish comprehensive, accurate and truthful information; about the public **** case laws and regulations, as well as policies to be relatively stable; non-statutory procedures shall not be revoked, change has come into effect of the administrative decision; due to revocation or change and make the relative to be subjected to property damage to be compensated in accordance with the law. Fourth, sunshine policing. Sunshine policing requires the police administrative power of the basis of public, administrative power of the operation of the public procedures, the results of administrative operations; confidentiality is only an exception. Fifth, the effectiveness of the police. Modern policing is established in accordance with the requirements of the market economy, its effectiveness is not a general slogan, but the law. It is determined by the efficient operation of the police mechanism. Sixth, responsibility policing. Police responsibility is the core of police power, there is no guarantee of civil rights without police responsibility, police responsibility is also provided by laws and regulations. Modern policing is the responsible mechanism of police responsibility.

Three, a comprehensive understanding and grasp of the concept of modern policing

Now many people understand modern policing is only the modernization of equipment and information technology, a talk about modern policing, most of the talk about a multitude of material indicators and technical indicators. Undeniably, the material conditions are essential to modern policing conditions, but modern policing is far more than just a police science and technology concept. In the police material conditions, police system and police concept of the three, modern police concept is the soul, modern police legal system is the foundation or core, police science and technology is an indispensable condition. Modern police is a modern police concept under the guidance of the use of certain modern police science and technology to establish a scientific and reasonable institutional arrangements. Modern police is a scientific modern police concept, complete modern police system and modern police science and technology conditions constitute an organic, unified whole.

From the system level of modern policing, it is the existence of the police, police activities, police behavior of the institutional arrangements. Modern police to protect the core content of human rights or constitutional rights of citizens, is "people-oriented" policing. The police rule of law system is the basic content or basic form of modern policing. Without the rule of law system of policing, there is no modern policing.

The coverage of the modern police system is very broad. It includes human and civil rights protection mechanism, which is the basic, one of the core content, including the police internal central and local, local superiors and subordinate organs on the police management of all kinds of vertical operation mechanism; police internal horizontal all kinds of police operation mechanism; police internal human resources security mechanism; police outside the police operation mechanism and security mechanism and so on. Security mechanism and so on. It is specifically manifested in the modern police legal system, including the Constitution, laws, regulations, administrative regulations and so on.

It is worth noting that the concept of modern policing in the police has not only refers to the national police police activities, in addition to the national police police activities, but also includes non-state police 竂 all kinds of preventive security activities, such as other departments of the government agencies, social organizations, residents involved in various types of police activities. The modern police system should also include a number of police management systems outside the national police force that have been established to meet the requirements of social security in a modern market economy. For example, other departments of the State administrative organs related to social security preventive functions, social organizations of the security maintenance function of the establishment, the residents of the rights and obligations of security prevention, community policing management system, and so on. In short, there is no modern policing without the rule of law in society; there is no modern policing without a sound mechanism for safeguarding the rights of citizens; there is no modern policing without a scientific and rational management mechanism within the police force; and there is no modern policing without the participation of the whole society *** with the participation of the whole society and the scientific participation mechanism. From the various levels, aspects and links of the police operation mechanism, modern policing is a control mechanism centered on guaranteeing the constitutional rights of citizens, with the participation of the whole society and all-round security. Modern policing actors have been far more than just police agencies, but police agencies are still the largest police actors in the state organs.

There is another most important dimension to the understanding of modern policing, the dimension of the philosophy (or concept) of policing. If there is no modern concept of policing, then, even if the police body or society within the importation of a set of modern policing system and equipment will not be able to establish modern policing. Without the concept of modern policing, there will be no modern policing. If the British society at that time did not put forward new requirements to the British policing system, and if there was no modern concept of the rule of law, Robert Beer would not have been able to put forward his "Nine Principles" of modern policing. In addition, the concept of modern policing is a multi-level, multi-faceted, interconnected concept of modern policing concepts determined by the requirements of modern social security constitute the conceptual system, the different levels of policing concepts to determine the different levels of policing, policing the different aspects of the face. For example, on the level of the relationship between the police and society, the modern police concept is manifested in the concept of public servants and the concept of service. The police without the concept of public servant (consciousness) is impossible to establish the concept of service of modern policing, no sense of public service is impossible to maintain a humble attitude towards the public and the people. Another example is the "people-oriented" concept or the concept of safeguarding human and civil rights in the purpose of policing, this concept of policing also determines the basic principles of our police activities, the basic ways and means. Another example, in the police legal system on the level of the modern concept of the rule of law (or the supremacy of law), the concept of responsible policing, the concept of limited policing, the concept of sunshine policing, supervision concept, etc., in addition to determining the basic appearance of our police activities, but also determines the basic attitude of the police officers themselves to the power in their hands. Another example, in the police operation mode of relying on the concept of social maintenance of law and order, scientific management concept, etc., these police concept determines the police management system and the basic ways and means, determines the police work "technical" level of the basic appearance.

So, from the sense of the guiding ideology of police construction, the modern police concept determines the basic attitude of modern police work, the basic aspects and the basic process. It is the premise and soul of the modern police system. We are building modern police today more need to guide the modern police concept. Therefore, we build modern police, we must pay attention to the renewal of the concept of policing, must establish the modern police concept in the first place.

Conclusion: modern policing is based on the market economy and the rule of law society, to protect human rights and the constitutional rights of citizens as the core content of the rule of law police. Modern police is in the advanced police concept under the guidance of the establishment of modern police system and modern police material conditions of the organic unity of the whole, the three are inseparable. We build modern police the most important thing is to establish a modern police concept, under the guidance of advanced police concepts on all levels of police, all aspects, all aspects of the system to make scientific and reasonable arrangements.

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