被羁押人控告申诉处理机制实证研究
发布时间：2018-08-07 19:50
【摘要】：在刑事诉讼中，最需要予以保障的人权无疑是被羁押人的人权，因为他们人身自由已被剥夺，处于弱势一方的他们权利最易受到侵害。明确其享有的权利并采取措施防止其被侵害，固然十分重要。而一旦其权利已遭受侵犯，赋予有效的救济渠道则是弥补权利损害的最后机遇。因此，被羁押人控告申诉处理机制的构建具有重要意义。在我国，一方面被羁押人控告申诉权的立法尚不完善，另一方面被羁押人权利实现的情况还不理想，故而对被羁押人控告申诉处理机制的研究有待进一步深化和挖掘。本文立足于C市四区看守所的实际情况，着重关注看守所现有控告申诉处理机制执行中存在的问题，并分析原因，提出完善控告申诉处理机制的建议，共分为三部分。 第一部分，，C市四区看守所被羁押人控告申诉处理机制的现状。看守所的控告申诉处理机制按照告知权利、开设渠道、接收案件、审查分流、办理案件、回复结果的程序运行。随着近年来看守所执法引起社会的广泛关注，被羁押人控告申诉处理机制改变了过去长期被忽视的状况，近三年来，四个区控告申诉案件的数量在总体上是逐年上升的，控告申诉处理机制也取得了一些成效，但其作用的发挥仍受制于实践运行中的障碍，或存在一些不足之处。 第二部分，C市四区看守所控告申诉处理机制存在的问题。一是控告申诉渠道方面，主要表现在因渠道的设置不合理、被羁押人对驻所检察官不信任而导致的控告申诉渠道不畅通。二是控告申诉程序方面，主要表现在驻所检察官缺乏调查权、启动申诉案件的纠错程序困难、对控告申诉处理结果缺乏后续监督。三是控告申诉保障机制方面，主要表现在控告申诉处理机制缺乏经费保障和第三方力量的监督。 第三部分，被羁押人控告申诉处理机制的改革设想。首先，通过合理设置控告申诉渠道、增强被羁押人对驻所检察官的信任进一步畅通控告申诉渠道。其次，规范控告申诉处理程序，具体做法是赋予驻所检察官调查权、强化对申诉案件的纠错功能、完善对控告申诉处理结果的后续监督。最后，通过加大对驻所检察机关的经费投入，构建内外结合的监督格局健全被羁押人控告申诉处理程序的保障机制。
[Abstract]:In criminal proceedings, the human rights most in need of protection are undoubtedly the human rights of detainees, because they have been deprived of their personal liberty, and their rights are most vulnerable to infringement by those who are in a vulnerable position. It is important to clarify their rights and take measures to prevent them from being infringed. Once their rights have been violated, giving effective relief channels is the last opportunity to make up for the damage. Therefore, it is of great significance to construct the complaint handling mechanism of detainees. In our country, on the one hand, the legislation of detainees' right of complaint is not perfect, on the other hand, the realization of detainees' rights is not ideal, so the research on the mechanism of handling detainees' complaints needs to be further deepened and excavated. Based on the actual situation of the four districts in C city, this paper focuses on the problems existing in the implementation of the existing complaint handling mechanism in the detention center, analyzes the reasons, and puts forward some suggestions for perfecting the complaint handling mechanism, which is divided into three parts. The first part is the present situation of complaint handling mechanism of detainees in detention centers in four districts of C city. The mechanism of handling complaints and appeals in detention centers operates according to the procedures of informing rights, opening channels, receiving cases, examining diversion, handling cases, and responding to the results. In recent years, with the widespread concern of the society about the enforcement of the law in detention centers, the complaints handling mechanism of detainees has changed the situation that has been neglected for a long time in the past. In the past three years, the number of complaints filed by the four districts has generally increased year by year. The mechanism of handling complaints and complaints has also made some achievements, but its function is still restricted by the obstacles in practice, or there are some deficiencies. The second part is about the problems of complaint handling mechanism in four districts of C city. The first is the complaint channel, mainly because of the unreasonable establishment of the channel, the detainees do not trust the prosecutors in the complaints caused by the channel is not smooth. Second, the complaint procedure is mainly reflected in the lack of investigation power, the difficulty of initiating the error correction procedure in the appeal case, and the lack of follow-up supervision on the result of handling the complaint. Third, the mechanism of complaint protection is mainly manifested in the lack of financial protection and the supervision of third party forces. The third part is about the reform of complaint handling mechanism of detainees. First of all, through the reasonable establishment of complaint channels, enhance the detainees' trust in the prosecutors to further unblock the complaint channels. Secondly, we should standardize the procedure of handling complaints, and give the procurators the right to investigate, strengthen the error-correcting function of complaint cases, and improve the follow-up supervision of the results of handling complaints. Finally, by increasing the funds invested in the procuratorial organs, we should build a supervision pattern that combines internal and external supervision to improve the mechanism of the procedure of handling complaints against detainees.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
本文编号：2171170
[Abstract]:In criminal proceedings, the human rights most in need of protection are undoubtedly the human rights of detainees, because they have been deprived of their personal liberty, and their rights are most vulnerable to infringement by those who are in a vulnerable position. It is important to clarify their rights and take measures to prevent them from being infringed. Once their rights have been violated, giving effective relief channels is the last opportunity to make up for the damage. Therefore, it is of great significance to construct the complaint handling mechanism of detainees. In our country, on the one hand, the legislation of detainees' right of complaint is not perfect, on the other hand, the realization of detainees' rights is not ideal, so the research on the mechanism of handling detainees' complaints needs to be further deepened and excavated. Based on the actual situation of the four districts in C city, this paper focuses on the problems existing in the implementation of the existing complaint handling mechanism in the detention center, analyzes the reasons, and puts forward some suggestions for perfecting the complaint handling mechanism, which is divided into three parts. The first part is the present situation of complaint handling mechanism of detainees in detention centers in four districts of C city. The mechanism of handling complaints and appeals in detention centers operates according to the procedures of informing rights, opening channels, receiving cases, examining diversion, handling cases, and responding to the results. In recent years, with the widespread concern of the society about the enforcement of the law in detention centers, the complaints handling mechanism of detainees has changed the situation that has been neglected for a long time in the past. In the past three years, the number of complaints filed by the four districts has generally increased year by year. The mechanism of handling complaints and complaints has also made some achievements, but its function is still restricted by the obstacles in practice, or there are some deficiencies. The second part is about the problems of complaint handling mechanism in four districts of C city. The first is the complaint channel, mainly because of the unreasonable establishment of the channel, the detainees do not trust the prosecutors in the complaints caused by the channel is not smooth. Second, the complaint procedure is mainly reflected in the lack of investigation power, the difficulty of initiating the error correction procedure in the appeal case, and the lack of follow-up supervision on the result of handling the complaint. Third, the mechanism of complaint protection is mainly manifested in the lack of financial protection and the supervision of third party forces. The third part is about the reform of complaint handling mechanism of detainees. First of all, through the reasonable establishment of complaint channels, enhance the detainees' trust in the prosecutors to further unblock the complaint channels. Secondly, we should standardize the procedure of handling complaints, and give the procurators the right to investigate, strengthen the error-correcting function of complaint cases, and improve the follow-up supervision of the results of handling complaints. Finally, by increasing the funds invested in the procuratorial organs, we should build a supervision pattern that combines internal and external supervision to improve the mechanism of the procedure of handling complaints against detainees.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
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