加强公安监管场所羁押必要性审查的探索与实践

发布时间：2018-07-08 18:08

本文选题：羁押必要性审查 + 现状　；参考：《山东大学》2014年硕士论文

【摘要】：修改实施后的《刑事诉讼法》增加羁押必要性审查制度,作为法律监督的检察机关具体实施。监所检察部门作为公安监管场所监督部门,对被羁押人可以跟踪整个羁押过程,对羁押必要性的审查更中立、独立,对被羁押人个人情况发生变化的情况掌握比较及时,监所检察部门的羁押必要性审查更具有司法实践意义。但在司法实践中,由于法律法规制定不健全,监所部门脱离于案件诉讼部门,对案件审查具有滞后性,在司法实践中还有困难和问题,距离羁押必要性审查的立法初衷还有很长距离。笔者从供职的全市两级检察机关派驻看守所检察室开展的羁押必要性审查工作出发,运用数量分析、实践案例等社会研究方式,对监所检察部门开展羁押必要性审查工作情况、实践中遇到的苦难和问题进行深入探讨和研究并提出可行性建议。全文除引言分为五大部分：第一章是羁押必要性审查法理分析,全面阐述羁押必要性审查的概念、价值取向及实践意义。介绍了羁押必要性审查的外延和内涵,分析了羁押必要性审查的法理基础是人权保障和疑罪从无,最后阐述羁押必要性审查的实践意义。第二章是公安监管场所羁押必要性审查的制度建立,介绍驻所检察室羁押必要性审查工作需要和探索初见情况、相关法律依据和运行机制。第三章是公安监管场所羁押必要性审查的工作现状,以数据分析、实践案例的方式全面对笔者所在的两级公安监管场所羁押必要性审查情况做实证分析,重点分析羁押必要性审查情况的特点并用图表方式一目了然,在实证分析基础上总结出实践中羁押必要性审查的重点及工作模式。第四章是公安监管场所羁押必要性审查遇到的困难和问题,重点阐述在笔者所在的全市两级检察机关监所部门在羁押必要性审查工作遇到的主要困难和问题及相关案例,接着总结了出现问题的原因。第五章是加强和改进公安监管场所羁押必要性审查的工作措施。在司法实践中完善羁押必要性审查制度,不仅要完善相关法律法规,还要从加大对被羁押人的宣传、充实监所检察人才、转变办案单位执法理念等角度完善和改进,羁押必要性审查制度会越来越完善,人权得到更充分保障。
[Abstract]:After the revision and implementation of the Criminal procedure Law, the system of examining the necessity of custody is added to be implemented as the procuratorial organ of legal supervision. The procuratorial department of the prison, as the supervision department of the public security supervision institution, can track the entire detention process for the detainee, and examine the necessity of custody more neutral and independent, and grasp the situation of the detainee's personal situation in a timely manner. The examination of the necessity of detention by the procuratorial department of the prison has more practical significance in judicial practice. However, in judicial practice, due to the imperfect formulation of laws and regulations, the prison department deviates from the litigation department of the case and has a lag in the examination of the case, and there are still difficulties and problems in the judicial practice. There is still a long way to go from the legislative intent of examining the necessity of custody. Starting from the examination of the necessity of detention carried out by the procuratorial organs stationed in detention centers at the two levels of procuratorial organs in the city, and by using the social research methods such as quantitative analysis and practical cases, the author examines the necessity of custody of procuratorial departments in prisons. The difficulties and problems encountered in practice are discussed and studied in depth and some feasible suggestions are put forward. In addition to the introduction, the full text is divided into five parts: the first chapter is the legal analysis of the necessity of custody review, the concept, value orientation and practical significance of the review of the necessity of custody. This paper introduces the extension and connotation of the examination of the necessity of custody, analyzes on the legal basis of the examination of the necessity of custody, which is based on the guarantee of human rights and the absence of suspected crime, and finally expounds the practical significance of the examination of necessity of custody. The second chapter is the establishment of the system of the examination of the necessity of custody in public security supervision places. It introduces the needs of the examination of the necessity of detention in the procuratorial office and explores the initial situation, relevant legal basis and operational mechanism. The third chapter is the present situation of the necessity review of custody in public security supervision places. By the way of data analysis and practical cases, the author makes an empirical analysis on the necessity review of custody in the two levels of public security supervision places. Based on the analysis of the characteristics of the necessity examination of custody and the graphic method, the author summarizes the key points and the working mode of the examination of the necessity of custody in practice on the basis of empirical analysis. The fourth chapter is the difficulties and problems encountered in the examination of the necessity of custody in public security supervision places, focusing on the main difficulties and problems encountered in the examination of the necessity of custody by the procuratorial departments of the two levels of procuratorial organs in the city where the author is located, as well as related cases. Then summarized the causes of the problem. The fifth chapter is to strengthen and improve the police custody of the necessity of monitoring measures. In order to perfect the system of examining the necessity of custody in judicial practice, we should not only perfect the relevant laws and regulations, but also perfect and improve it from the angle of increasing the propaganda to the detainees, enriching the procuratorial talents in the prison, changing the law enforcement idea of the unit handling cases and so on. The system of examining the necessity of custody will be more and more perfect, and human rights will be more fully protected.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2

【参考文献】