包庇、纵容黑社会性质组织犯罪侦防对策研究

发布时间：2018-12-20 16:47

【摘要】：2009年6月,重庆市开展了一场打黑除恶专项斗争,在这场专项斗争中,许多盘踞重庆多年的黑恶势力被彻底铲除,同时黑恶势力背后的“保护伞”也被深刻揭露出来。那些昔日的政法干部,曾经的打黑英雄,因经受不住金钱与美色的诱惑,在思想上偏离了正确的价值轨迹,在道德上走到了人民的对立面,成为黑恶势力的“保护伞”,最终在政治上、职业上双亡,成为阶下囚。这些教训是惨痛的,是值得我们深思的。痛定思痛,以此为鉴,通过对包庇、纵容黑社会性质组织犯罪侦防对策的研究,我们更加清醒地认识到当前的形势还十分严峻,要做的工作还很多,面临的挑战还异常艰巨,只有对黑社会性质组织及其背后的“保护伞”采取严打态势,根本消除黑恶团伙滋长的环境,才能确保打黑除恶斗争取得最终的胜利。本文共分三个部分第一部分,明确包庇、纵容黑社会性质组织犯罪的概念和构成。所谓包庇、纵容黑社会性质组织犯罪是指国家机关工作人员利用职权包庇黑社会性质组织或者纵容黑社会性质组织进行违法犯罪活动的行为。它的实质是国家工作人员将人民赋予的,应该用于服务社会的公共权力以寻租或出让的方式,为黑社会性质组织的违法犯罪活动提供庇护。现阶段包庇、纵容黑社会性质组织犯罪高发,形势不容乐观。第二部分,包庇、纵容黑社会性质组织犯罪的主体身份特殊,逃避打击能力强,犯罪的表现形式多样且手段隐蔽。在案件的侦办过程中会遇到线索发现难、调查取证难、排除干扰难、管辖权存在冲突等诸多困难。必须高度重视案件的侦办,精心谋划、周密部署,制定切实可行的实施方案;成立专案组,打击“保护伞”;广泛发动群众,细致收集整理线索;多措并举,全面实施抓捕;充分运用审讯策略,分化瓦解对手;全面取证、固证排除证据间的矛盾,形成证据锁链;检察院提前介入,与公安机关集约力量、共享资源,协作办案。第三部分,造成包庇、纵容黑社会性质组织犯罪的原因是多方面的。既有市场经济运行的制度层面的原因,又有国家工作人员自身的原因;既有主观方面的原因,也有客观方面的原因。防范本类犯罪,不但是杜绝黑社会性质组织滋长的重要手段,也是维护稳定的社会秩序的必然需要,更是对加强和巩固党的执政地位、坚实党的执政基础、提高党的执政能力具有重大意义。必须构建一种良好的工作和生活环境,让掌握公权力的国家工作人员“不愿”、“不敢”、“不能”为黑社会性质组织充当“保护伞”。
[Abstract]:In June 2009, Chongqing launched a special struggle against criminal and evil elements. In this special struggle, many criminal and evil forces held in Chongqing for many years were thoroughly eradicated, and the "protective umbrella" behind the criminal and evil forces was also deeply exposed. Those former political and legal cadres, who once fought against the black heroes, because they could not withstand the temptation of money and beauty, deviated from the correct value track in their thinking, went morally to the opposite of the people, and became the "umbrella" of the evil and criminal forces. Eventually, politically and professionally, he died and became a prisoner. These lessons are painful and worth pondering. By studying the countermeasures to shield and connive at the crime investigation and prevention of triad organizations, we are more soberly aware that the current situation is still very serious, that there is still a lot of work to be done and that the challenges we face are extremely arduous. Only when we strike hard at the underworld organizations and their "protective umbrella", and eliminate the environment in which the criminal and evil gangs grow, can we ensure the final victory in the struggle against criminal gangs and their "protective umbrellas". This paper is divided into three parts: the first part is the concept and constitution of concealment and connivance of organized crime. The so-called sheltering, connivance to the crime of the underworld nature organization is the behavior that the functionary of the state organ uses his authority to shield the underworld organization or connive the underworld organization to carry on the illegal and criminal activities. The essence of it is that the state functionaries endow the people with the public power which should be used to serve the society in the way of rent-seeking or transferring to provide asylum for the illegal and criminal activities of the underworld organizations. At present sheltering, connivance the underworld nature organization crime high incidence, the situation is not optimistic. The second part, concealment, connive the underworld nature organization crime the main body identity is special, escapes the attack ability to be strong, the crime manifestation is diverse and the means is concealed. In the course of case investigation, there are many difficulties, such as finding clues, collecting evidence, eliminating interference, conflicts of jurisdiction and so on. We must attach great importance to the investigation and handling of cases, plan carefully, make detailed arrangements, formulate feasible implementation plans; set up special case teams to crack down on the "umbrella"; extensively mobilize the masses to collect and sort out clues carefully; Make full use of interrogation strategy, divide and disintegrate opponents; collect evidence in an all-round way, eliminate contradictions between evidence, form evidence chain; Procuratorate intervene ahead of time, share resources with public security organs, share resources, and cooperate in handling cases. The third part, causes the cover, connives the underworld nature organization crime the reason is many aspects. There are both the reasons of the system level of market economy operation and the reasons of the state functionaries themselves, as well as the reasons of subjective and objective aspects. Preventing this kind of crime is not only an important means to prevent the growth of underworld organizations, but also an inevitable need to maintain a stable social order. It is also necessary to strengthen and consolidate the ruling position of the Party and consolidate its ruling foundation. It is of great significance to improve the ruling ability of the Party. A good working and living environment must be built so that the state functionaries who hold public power are "unwilling", "afraid" and "unable" to act as "protective umbrellas" for triad organizations.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D917.6;D918.2

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