公安机关基层刑事现场勘验研究

发布时间：2018-03-04 00:18

本文选题：基层　切入点：刑事　出处：《西南财经大学》2010年硕士论文　论文类型：学位论文

【摘要】：随着我国社会主义法制建设的推进,刑事案件的办理也越来越严格化、正规化。刑事案件现场勘验是侦查破案的首要环节,现场勘验获取的证据作为客观物证在当前的诉讼程序中的作用及意义已远远大于犯罪嫌疑人的口供等文字证据。但由于受到职权主义诉讼模式的较大影响,我国刑事诉讼中“重实体、轻程序”、“重打击,轻保护”、“重权力,轻权利”的传统观点没有得到根本改善,实践中常常出现取证不合法的情况,尤其是刑讯逼供屡禁不止,虽然法律已经明令禁止,但有些侦查人员仍要以身试法。因此,刑事案件现场勘验中能否取得相应的物证、取得证据的手段、程序是否合法不仅影响到案件能否成功破案,同时也关系到案件诉讼能否顺利进行。当前,我国正处于人民内部矛盾凸显、刑事犯罪高发、对敌斗争复杂时期,公安机关打击犯罪、保护人民、维护社会稳定的任务繁重艰巨。同时,社会主义法制建设不断完善,社会各界对公安执法活动的监督力度不断增强。这样的背景下,公安机关开展现场勘验工作越来越重,对现场勘验的要求也越来越高。如何能够圆满地完成现场勘验任务,更好地为侦查破案服务,为诉讼服务,提高刑事案件现场勘验的能力和水平,是摆在各级基层公安机关面前的一项重大而紧迫的任务。第一部分,导论。本部分主要是介绍本文研究的目的意义等内容,具体包括问题的提出、文献综述、研究的意义和目的、论文的思路、论文的创新点与不足等方面。第二部分,刑事现场及刑事现场勘验的基础理论概述。本章主要介绍刑事现场及现场勘验的基本理论。首先对于刑事现场的基本定义及其特定进行相关阐述,进而对于现场勘验的内容进行解释。第三部分,我国基层刑事现场勘验存在的问题。本章主要对于我国现行体制下基层现场勘验存在的勘验技术人员配备不足、现场指挥工作不到位、现场保护不专业及现场见证人不规范等问题进行阐述。第四部分,国外现场勘验相关情况考察。本章主要对美国、加拿大、日本等国的现场勘验设置情况进行阐述,从中找寻差距,发现在我国现行体制下现场勘验制度的改进方向。第五部分,现行体制下我国现场勘验能力改进方法。本章主要针对现行体制下我国现场勘验存在的相关问题提出相适应的改进方法。
[Abstract]:With the development of the socialist legal system in our country, the handling of criminal cases is becoming more and more strict and regularized. The on-site investigation of criminal cases is the primary link in investigating and solving cases. The role and significance of the evidence obtained by the on-site investigation as objective material evidence in the current litigation procedure has been far greater than that of the verbal evidence such as the confession of the criminal suspect. However, due to the greater influence of the mode of action under the doctrine of authority, In our country, the traditional view of "attaching importance to substance rather than procedure", "attaching more importance to attack than protection", "attaching great importance to power than right" has not been fundamentally improved. In practice, evidence collection is often illegal, especially the repeated prohibition of extorting confessions by torture. Although the law has been explicitly prohibited, some investigators still have to try the law. Therefore, whether or not the corresponding material evidence and the means to obtain evidence can be obtained in the field investigation of a criminal case, and whether the procedure is lawful or not, not only affects whether the case can be successfully solved, At the same time, it is also related to the smooth progress of the case proceedings. At present, our country is in a period of prominent contradictions among the people, the high incidence of criminal crimes and the complicated struggle against the enemy. The public security organs have a heavy and arduous task of cracking down on crime, protecting the people, and maintaining social stability. At the same time, The construction of the socialist legal system has been continuously improved, and the supervision of public security law enforcement activities has been strengthened from all walks of life. Against this background, the public security organs are carrying out on-the-spot investigation work more and more seriously. The demand for on-site investigation is also becoming higher and higher. How can we successfully complete the field investigation task, better serve the investigation and solve cases, serve litigation, and improve the ability and level of on-the-spot investigation of criminal cases? It is an important and urgent task in front of basic-level public security organs at all levels. The first part is the introduction. This part mainly introduces the purpose and significance of this paper, including the questions raised, the literature review, the significance and purpose of the research, the ideas of the paper, the innovative points and shortcomings of the paper, and so on. The second part, the criminal scene and the criminal scene inspection basic theory outline. This chapter mainly introduces the criminal scene and the scene investigation basic theory. Then the content of the site investigation is explained. The third part is about the problems existing in the investigation of criminal scene at the grass-roots level in our country. This chapter is mainly concerned with the shortage of technical personnel in the field investigation at the grass-roots level under the present system of our country, and the lack of on-the-spot command. Site protection is not professional and spot witnesses are not standardized and other issues are elaborated. Part 4th, investigation of the relevant situation of foreign field survey. This chapter mainly expounds the situation of on-site survey in the United States, Canada, Japan and other countries, from which to find out the gap. Find out the improvement direction of the field survey system under the current system of our country. Part 5th, the improvement method of our country's field survey ability under the current system. This chapter mainly puts forward the suitable improvement method for the related problems existing in the field survey in our country under the current system.
【学位授予单位】：西南财经大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D918.4

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