论警察休息权的法律保障

Study on the Law Protecting the Right to Rest of Police

某些公安机关创造或借鉴的"5+2"、"白+黑"工作模式,侵害了警察的休息权,违反了宪法和法律,违反了科学发展观,不利于警察的"可持续发展"。实证研究表明:民警加班加点,工作时间的不确定性已经常规化。兼顾社会效益,考察外国警察法立法,探索合理的工作模式,需要从法律制度层面寻求警察公权与私权的平衡以保障民警休息权。故建议现有的《人民警察法》删除第19条或者在《人民警察法》警务保障中增加"因为紧急情况而增加人民警察工作时间的,应予以补休和补助"的规定。

Some public security organs have created or borrowed some working models named ＂five plus two＂ and ＂day plus night＂,which have become the infringement of the rights to rest of police.Moreover,those working models have also violated constitution and laws as well as scientific outlook of development.And it is going against the sustainable development of police.The demonstration and research indicate that the reutilization of overtime working and uncertainty of working time have been formed.With the purpose of considering both society effects and foreign police law systems,and exploring reasonable working models,we need to seek for the balance of public rights and private rights of police from law system,in order to secure the right to rest of police.The article 19 of the latest People＇s Police Law should be banned,or we should add the article of awarding rights to rest for people＇s police who are sent to emergencies to the law.