Gao Xinman   Han Zenghui
China

According to traditional human rights theories, police is restrained to be the opposite of human rights, emphasizing to standardize their executive power and neglecting their demands for human rights. The rights of the police are almost forgotten, while the protection of their rights and interests is necessary for the legal progress of the society. On the one hand, such social phenomena as confronting against laws violently and neglecting the fundamental rights of the police still exist widely; on the other hand, legislative concern and frontier research in this area are insufficient, especially for the protection of the rights and interests of the peacekeeping police. However, the situation for the peacekeeping police is increasingly complicated and their tasks more arduous. The risk of their rights and interests in such situation is more serious than that of the domestic police. It is nothing new for the occurrences of mutilations and deaths of peacekeeping persons in peacekeeping operations due to car-crashes, diseases and armed conflicts. The death of Chinese peacekeeping police in Haiti in 2010 has called for the concern on the protection of the rights and interests of the peacekeeping police, which becomes the spotlight of the frontline people and scholars. Starting with the scope of the protection of the rights and interests of the police, the authors analyze the relevant domestic and foreign laws and make some recommendations on reflections and restructuring of the legal system on the basis of presenting the current situation of protecting the rights and interests of the peacekeeping police combined with relevant legal analysis as the theoretical foundation.

I. Theoretical Dispute of the Scope of the Protection of the Rights and Interests of the Police
"The rights and interests of the police" is not a legal term in strict sense, and it should be a combination of the statutory rights and the rights endowed by internal regulations.  Therefore, there are theoretical divergences defining the scope of the rights and interests of the police.