职务犯罪案件审查逮捕诉讼机制问题研究

发布时间：2018-06-19 19:15

本文选题：职务犯罪案件 + 审查逮捕　；参考：《河北大学》2014年硕士论文

【摘要】：国家公职人员的贪污腐败、渎职侵权等职务犯罪案件的查处历来受到社会的广泛关注。但是,长期以来我国职务犯罪案件侦查、逮捕、起诉均由同一级检察机关办理权力较为集中,且职务犯罪审查逮捕带有浓厚的行政审批色彩,引起社会各界对检察机关办案的公正性和公信力的质疑。有鉴于此,为了进一步强化检察机关内部监督制约机制,加强检察机关查办职务犯罪案件力度,促进检察机关更加公正廉洁、执法规范,积极保障犯罪嫌疑人的合法权益,2009年9月,最高人民检察院决定开始实施职务犯罪审查逮捕程序改革,并下发《关于省级以下人民检察院立案侦查的案件由上一级人民检察院审查决定逮捕的规定(试行)》。2013年该规定又被新修订的《人民检察院诉讼规则(试行)》吸纳接收,以司法解释的形式固定下来,并引入了听取犯罪嫌疑人意见及其委托律师意见的规定,强化了社会危险性审查和捕后羁押必要性审查,构造了审查逮捕诉讼机制的基本形态,更加突出了职务犯罪审查逮捕的司法性质,在侦(侦查部门)、辩(犯罪嫌疑人及其辩护律师)和裁(侦查监督部门)之间初步建立基本的诉讼机制,符合社会各界对强化职务犯罪侦查权的监督制约、提高审查逮捕案件质量、维护和保障人权,具有积极进步的意义。但是,由于与改革相配套的相关制度或机制不健全、不完善,职务犯罪案件由供到证和依赖逮捕措施的陈旧侦查模式,以及“有罪推定”、“已捕代侦”和“重配合轻监督”、“重打击轻保护”执法观念等原因,制约了职务犯罪审查逮捕诉讼机制的建立和完善,造成改革实践过程中出现一些问题和困难。针对这些问题,首先应当完善逮捕条件的法律规定,建立报捕案件报前评审制度;其次,完善侦查监督部门的审查职权。进一步保障犯罪嫌疑人在逮捕程序中的权利救济,赋予犯罪嫌疑人逮捕理由知情权和开示逮捕理由请求权,明确犯罪嫌疑人提起变更逮捕请求权的法定理由,赋予犯罪嫌疑人针对关于逮捕的批准或决定提出申诉的权利;最后,探索建立审查逮捕听证制度,细化捕后羁押必要性审查制度规定。通过以上几个方面的研究,以期能够对完善职务犯罪案件逮捕程序改革,积极推进职务犯罪审查逮捕工作有所裨益。
[Abstract]:Corruption, malfeasance and other official crimes have always been concerned by the society. However, for a long time, the powers of investigation, arrest and prosecution of job-related crimes in China have been concentrated by the procuratorial organs at the same level, and the examination and arrest of job-related crimes has a strong color of administrative examination and approval. Causes the community to the procuratorial organ handles the case the fairness and the credibility question. In view of this, in order to further strengthen the internal supervision and control mechanism of procuratorial organs, strengthen the intensity of procuratorial organs' investigation and handling of job-related crime cases, and promote procuratorial organs to be more impartial and clean, and enforce the law in a standardized manner, Actively safeguarding the legitimate rights and interests of criminal suspects. In September 2009, the Supreme people's Procuratorate decided to begin the reform of the procedure for examining and arresting job-related crimes. In 2013, this provision on cases filed and investigated by people's procuratorates at or below the provincial level shall be accepted by the newly revised rules of Proceedings of the people's Procuratorates (for trial implementation) and accepted by the people's procuratorates at the next higher level by examining and deciding on arrest (on a trial basis). It is fixed in the form of judicial interpretation, and the provisions of hearing the opinions of criminal suspects and their lawyers are introduced, which strengthen the examination of social risk and the necessity of detention after arrest, and construct the basic form of the mechanism of examining arrest proceedings. The judicial nature of the examination and arrest of job-related crimes has been highlighted, and a basic mechanism of litigation has been initially established between investigation (investigation departments), arguments (suspects and their defence counsel) and adjudication (investigation and supervision departments), It is of positive and progressive significance to strengthen the supervision and restriction of duty crime investigation power, to improve the quality of examining and arresting cases, to safeguard and protect human rights. However, due to the imperfections and imperfections of the relevant systems or mechanisms that are compatible with the reform, the old investigative patterns of cases of job-related crimes from evidence to evidence and reliance on arrest measures, as well as the "presumption of guilt", the "arrest of agents" and the "emphasis on cooperation and less supervision", The law enforcement idea of "paying more attention to strike against protection" restricts the establishment and perfection of the mechanism of examining and arresting the duty crime, and causes some problems and difficulties in the course of reform practice. In view of these problems, first of all, we should perfect the legal provisions of the conditions of arrest and establish the system of evaluation before reporting the case of arrest; secondly, we should perfect the examination authority of the investigation and supervision department. To further safeguard the rights and remedies of criminal suspects in the arrest process, to give suspects the right to know the reasons for arrest and the right to ask for reasons for arrest, and to clarify the legal reasons for the suspects to raise changes in the request for arrest, To grant suspects the right to file a complaint against the approval or decision of arrest; finally, to explore the establishment of a review and arrest hearing system, and to refine the provisions of the review system of the necessity of detention after arrest. Through the research of the above several aspects, the author hopes to improve the reform of the arrest procedure of duty crime cases and actively promote the job crime review and arrest work.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2

【参考文献】