执法理念及其转变

Concept of Law Enforcement and Its Transformation

执法理念是在执法活动中对执法人员具有指导意义的思想、观念的统称,可以从来源、是否与证据有关联、是否与定案有关联、对罪犯是重打击还是重保护等方面对执法理念的种类进行划分。执法理念具有时代性、相对稳定性、意念性、指导性、矛盾性等五个特征,其转变受社会历史条件、政治因素、法学理论、司法实践等因素的影响制约。刑事司法人员在转变执法理念中应当持辩证的、科学的态度,要特别注意把转变体现在具体的办案实践中、以是否有必要为前提、不能走极端、正确处理好"严打"与"保护人权"的关系、正确处理好转变执法理念与定案的关系、要树立正确的证据理念等六个方面的问题。

The concept of law enforcement refers to the thoughts and ideas that guide people in their law en- forcement activities. It is classified according to its source, its relevance to evidence, its relationship to the criminal verdict, and its attitude tendency to criminals. The concept of law enforcement has the nature of times, relative stability, ideation, guidance and contradiction. Its transformation is influenced by social and historical conditions, political factors, legal theory and judicial practice. In the transforming process, the criminal judicial officials should didactically and scientifically apply the concept into practice, have a good judgment of necessity, go to no extremes, establish a correct concept of evidence, deal with the relationship between ＂ severe punishment＂ and ＂human rights protection＂, and the relationship between ＂the transforma- tion of law enforcement concept＂ and ＂verdict＂.