检察机关“举报制度”研究
发布时间：2018-08-21 13:39
【摘要】：检察机关“举报制度”是全国各级人民检察院依照法律规定受理公民、法人及其他组织依法控告、揭发国家机关工作人员贪污贿赂、渎职以及利用职权实施犯罪等职务犯罪活动线索并依法进行查处,保障宪法所赋予的公民控告检举权有效实施的一项重要制度。最高人民检察院为此专门颁行了《人民检察院举报工作规定》,以此来规范全国各级人民检察院的受理举报工作。但随着我国改革走向深入,贪腐渎职现象日益复杂化,笔者在多年的具体实务工作过程中发现检察机关“举报制度”中存在着受理“村官”职务犯罪案件范围不明确、对举报人保护不力、举报中心无法监督自侦部门这三方面的问题,且问题日益严峻,严重损伤了人民群众的举报热情,影响了检察机关查办职务犯罪工作的顺利开展,也使得具体实务工作无所适从。为了解决这三个突出问题,笔者采取分析、比较和实证等研究方法,首先对检察机关举报制度的界定和沿革、其所追求的价值目标和基本原则进行了阐述,其次在分析产生问题的根源的同时,借鉴国外“举报制度”对类似问题的解决办法,最后有针对性地提出了完善检察机关受理“村官”职务犯罪范围的法律规定、建立健全保护举报人制度、加强检察机关内设机构的监督制约机制改革三个完善方案。笔者希望这三个完善方案能够为检察机关“举报制度”的改革提供一些参考意见,同时解决具体实务工作无所适从的窘境。
[Abstract]:The "report system" of procuratorial organs is that the people's procuratorates at all levels throughout the country, in accordance with the provisions of the law, accept complaints against citizens, legal persons and other organizations, and expose corruption and bribery of functionaries of state organs. Dereliction of duty and the use of power to commit crimes and other official criminal activities clue and investigate and deal with according to law, to ensure that the Constitution of citizens to effectively carry out the right to prosecute an important system. For this reason, the Supreme people's Procuratorate has promulgated the regulations on reporting by the people's Procuratorates, thus standardizing the acceptance of reports by people's procuratorates at all levels throughout the country. However, with the deepening of reform in our country, the phenomenon of corruption and dereliction of duty is becoming more and more complicated. During my years of practical work, the author found that the scope of accepting "village official" duty crime cases in the procuratorial organ's "report system" is not clear. The lack of protection of whistleblowers and the inability of the reporting center to supervise the self-investigating departments are becoming increasingly serious, seriously damaging the people's enthusiasm for reporting, and affecting the smooth development of the procuratorial organs' investigation and handling of job-related crimes. It also makes the concrete practical work at a loss. In order to solve these three outstanding problems, the author adopts the methods of analysis, comparison and demonstration. Firstly, the author expounds the definition and evolution of the procuratorial organ's reporting system, the value objectives and basic principles it pursues. Secondly, by analyzing the root causes of the problems, drawing lessons from the "report system" in foreign countries to solve similar problems, the author puts forward the legal provisions to perfect the scope of the procuratorial organs accepting the crimes committed by the "village officials". Establishing and perfecting the system of protecting whistleblowers and strengthening the supervision and restriction mechanism of procuratorial organs. The author hopes that these three perfect schemes can provide some suggestions for the reform of the "reporting system" of procuratorial organs, and at the same time solve the dilemma of concrete practical work.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.3
本文编号：2195908
[Abstract]:The "report system" of procuratorial organs is that the people's procuratorates at all levels throughout the country, in accordance with the provisions of the law, accept complaints against citizens, legal persons and other organizations, and expose corruption and bribery of functionaries of state organs. Dereliction of duty and the use of power to commit crimes and other official criminal activities clue and investigate and deal with according to law, to ensure that the Constitution of citizens to effectively carry out the right to prosecute an important system. For this reason, the Supreme people's Procuratorate has promulgated the regulations on reporting by the people's Procuratorates, thus standardizing the acceptance of reports by people's procuratorates at all levels throughout the country. However, with the deepening of reform in our country, the phenomenon of corruption and dereliction of duty is becoming more and more complicated. During my years of practical work, the author found that the scope of accepting "village official" duty crime cases in the procuratorial organ's "report system" is not clear. The lack of protection of whistleblowers and the inability of the reporting center to supervise the self-investigating departments are becoming increasingly serious, seriously damaging the people's enthusiasm for reporting, and affecting the smooth development of the procuratorial organs' investigation and handling of job-related crimes. It also makes the concrete practical work at a loss. In order to solve these three outstanding problems, the author adopts the methods of analysis, comparison and demonstration. Firstly, the author expounds the definition and evolution of the procuratorial organ's reporting system, the value objectives and basic principles it pursues. Secondly, by analyzing the root causes of the problems, drawing lessons from the "report system" in foreign countries to solve similar problems, the author puts forward the legal provisions to perfect the scope of the procuratorial organs accepting the crimes committed by the "village officials". Establishing and perfecting the system of protecting whistleblowers and strengthening the supervision and restriction mechanism of procuratorial organs. The author hopes that these three perfect schemes can provide some suggestions for the reform of the "reporting system" of procuratorial organs, and at the same time solve the dilemma of concrete practical work.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.3
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