贿赂犯罪案件侦查方法研究
发布时间：2018-07-14 15:21
【摘要】：贿赂犯罪是社会负面影响很大的犯罪活动,已日渐引起人们的痛恨。当前腐败现象仍呈现易发多发的态势,其中一个突出的表现就是贿赂犯罪现象层出不穷,而又得不到有效的打击。现阶段,贿赂犯罪案件侦查存在两大困境：一是基础业务薄弱、情报网不完善,以至于发现难、线索少,不能第一时间掌握贿赂犯罪案件多发易发领域的具体情况和涉案资金的流向；二是侦查权受到局限,法定的侦查措施相对较少,以至于很多案件线索得不到查证,证据得不到固定。如何破解贿赂犯罪存在的这两大难题,提升侦查能力?基于这样的思考,本文对贿赂犯罪案件侦查方法问题进行了初步的探讨。 本论文以贿赂犯罪案件的情报收集为视角,研究贿赂犯罪案件的侦查方法问题。具体由两个问题组成：一是怎样通过职务犯罪情报网的构建,解决贿赂犯罪案件线索发现难的问题；二是怎样通过侦查措施的应用,解决职务犯罪案件线索查证难问题。 文章将通过五大部分,按照逻辑顺序理清上述问题： 第一部分为贿赂犯罪案件的概述,阐明贿赂犯罪的概念、特点以及新的贿赂犯罪趋势等问题,提出本文的研究背景。 第二部分是对贿赂犯罪侦查方法的考察,介绍国外以及古代一些可供借鉴的侦查制度与侦查方法,引出自己的研究思路。 第三部分提出自己关于贿赂犯罪侦查的基本思路,即贿赂犯罪侦查的基本理论问题,包括主动侦查模式、大侦查理念等,奠定下文研究的基础。 第四部分,是本文重点之一,阐述贿赂犯罪侦查情报网的建设,通过机构重组、搭建平台、检力下沉等方式多方位多角度收集贿赂犯罪情报。 第五部分,是本文另一重点,研究侦查措施在贿赂犯罪侦查中的应用,通过扩大检察机关的侦查权,充分借鉴、利用已成型的侦查措施,提高侦查能力,实现查证线索的目的。
[Abstract]:The crime of bribery is a criminal activity which has a great negative influence on society and has caused people's hatred day by day. At present, corruption is still prone to frequent, one of the outstanding manifestations is the phenomenon of bribery crime emerge in endlessly, and can not be effectively dealt. At the present stage, there are two major difficulties in the investigation of bribery cases: first, the basic business is weak, the intelligence network is not perfect, so that it is difficult to find out, and there are few clues. We cannot grasp the specific situation in the area where bribery crimes are prone to frequent occurrence and the flow of funds involved; second, the investigation power is limited and the legal investigative measures are relatively few, so that many case leads cannot be verified. The evidence is not fixed. How to solve these two problems of bribery crime and improve the investigation ability? Based on this thinking, this paper makes a preliminary discussion on the investigation methods of bribery crime cases. This paper studies the investigation methods of bribery crime from the angle of information gathering. It is composed of two problems: one is how to solve the problem of finding the clues of bribery crime cases through the construction of the official crime information network; the other is how to solve the difficult problem of checking the clues of the duty crime cases through the application of investigative measures. The paper will clarify the above problems through five major parts: the first part is an overview of bribery crime cases, expounding the concept, characteristics and new trend of bribery crime, and so on. The research background of this paper is put forward. The second part is the investigation of bribery crime investigation methods, introduces some foreign and ancient investigation system and methods for reference, leading to their own research ideas. The third part puts forward the basic ideas about the investigation of bribery crime, that is, the basic theoretical problems of the investigation of bribery crime, including the active investigation model, the concept of large-scale investigation and so on, which lays the foundation of the following research. The fourth part is one of the emphases of this paper, which expounds the construction of bribery investigation information network, collecting bribery crime intelligence from various angles by means of organization reorganization, building platform, sinking of detection power and so on. The fifth part is another important point of this paper. It studies the application of investigation measures in the investigation of bribery crime. By expanding the investigation power of the procuratorial organ, fully using for reference, using the formed investigative measures to improve the investigative ability and realize the purpose of checking clues.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
本文编号：2122075
[Abstract]:The crime of bribery is a criminal activity which has a great negative influence on society and has caused people's hatred day by day. At present, corruption is still prone to frequent, one of the outstanding manifestations is the phenomenon of bribery crime emerge in endlessly, and can not be effectively dealt. At the present stage, there are two major difficulties in the investigation of bribery cases: first, the basic business is weak, the intelligence network is not perfect, so that it is difficult to find out, and there are few clues. We cannot grasp the specific situation in the area where bribery crimes are prone to frequent occurrence and the flow of funds involved; second, the investigation power is limited and the legal investigative measures are relatively few, so that many case leads cannot be verified. The evidence is not fixed. How to solve these two problems of bribery crime and improve the investigation ability? Based on this thinking, this paper makes a preliminary discussion on the investigation methods of bribery crime cases. This paper studies the investigation methods of bribery crime from the angle of information gathering. It is composed of two problems: one is how to solve the problem of finding the clues of bribery crime cases through the construction of the official crime information network; the other is how to solve the difficult problem of checking the clues of the duty crime cases through the application of investigative measures. The paper will clarify the above problems through five major parts: the first part is an overview of bribery crime cases, expounding the concept, characteristics and new trend of bribery crime, and so on. The research background of this paper is put forward. The second part is the investigation of bribery crime investigation methods, introduces some foreign and ancient investigation system and methods for reference, leading to their own research ideas. The third part puts forward the basic ideas about the investigation of bribery crime, that is, the basic theoretical problems of the investigation of bribery crime, including the active investigation model, the concept of large-scale investigation and so on, which lays the foundation of the following research. The fourth part is one of the emphases of this paper, which expounds the construction of bribery investigation information network, collecting bribery crime intelligence from various angles by means of organization reorganization, building platform, sinking of detection power and so on. The fifth part is another important point of this paper. It studies the application of investigation measures in the investigation of bribery crime. By expanding the investigation power of the procuratorial organ, fully using for reference, using the formed investigative measures to improve the investigative ability and realize the purpose of checking clues.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
【参考文献】
相关期刊论文 前3条
1 李卫平;各国(地区)职务犯罪侦查机构比较[J];河北法学;2004年07期
2 何家弘;美国反腐败法律制度[J];外国法译评;1998年04期
3 丁寰翔;王海亮;陈立峰;;我国内地反贪局运行的法律制度思考——通过分析香港廉政公署的制度运行特点展开[J];政法论丛;2007年01期
，本文编号：2122075
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