铁路旅客列车刑事案件管辖立案问题及对策研究

发布时间：2018-09-07 21:27

【摘要】：笔者作为一名来自铁路公安机关基层一线的公安民警,曾多年在旅客列车上担任列车警务执乘工作,深刻体会到当前旅客列车刑事案件的管辖与立案制度中存在的诸多弊端对实践工作带来的不利影响,也多年来一直关注着铁路旅客列车上发生的刑事案件管辖立案制度改革这一课题,为此一直坚持在执法实践中进行积累、调研,同时在学术理论上也时常进行理性的思考。深感列车刑事案件管辖及立案程序中存在问题的成因并不单一的是立法层面的缺失或者执法人员粗陋与权力滥用等表象因素造成的,笔者认为导致当前列车刑事案件诉讼整体过程中存在的管辖混乱、立案随意、移交困难、监督缺失等问题的深层次因素在于跨域移动的载体上发生案件的侦查管辖与审判管辖的衔接必然区别于属地管辖传统管辖模式,在这种特殊情况下原有的侦查管辖与审判管辖的属地对应关系被打破,从而造成侦查管辖与审判管辖间的对应关系错位。同时当前铁路公安机关在列车刑事案件立案环节采取的“立侦分离”模式(案件的立案单位与后期的侦查、诉讼单位分别属于两家公安机关),也是造成上述问题的主要根源之一。针对铁路公安机关在列车刑事案件管辖立案司法实践过程中存在诸多困惑与问题,为了更深入更有针对性地分析评判当前列车刑事案件的管辖立案模式,笔者从铁路公安机关的视角出发,以当前列车刑事案件管辖立案的制度及实践现状为着手点,分析研究影响列车刑事案件管辖立案的因素,并在提出在当前制度模式下管辖立案相关问题的解决方案的基础上,大胆设想通过属地化管辖来重构列车刑事案件管辖立案模式,并加以论证。
[Abstract]:As a police officer at the grass-roots level of the railway public security organ, the author has for many years served as a train police officer on the passenger train. Deeply aware of the negative impact on practical work brought about by many drawbacks in the current jurisdiction and filing system of criminal cases of passenger trains, For many years, it has been paying close attention to the reform of criminal case filing system in railway passenger train, so it has always been accumulated and investigated in the practice of law enforcement, and at the same time, the rational thinking is often carried out in academic theory. Deeply aware that the causes of the problems existing in the jurisdiction of the train criminal case and the filing procedure are not single because of the lack of legislation or the superficial factors such as crude law enforcement personnel and abuse of power. The author believes that the confusion of jurisdiction in the overall process of the current train criminal case litigation, the casually filing of the case and the difficulty of handing over the case, The deep factor of the lack of supervision lies in the fact that the connection of investigation jurisdiction and trial jurisdiction on the transterritorial moving carrier is bound to be different from the traditional jurisdiction mode of territorial jurisdiction. Under such special circumstances, the original territorial correspondence between investigation jurisdiction and trial jurisdiction is broken, which results in the dislocation of the corresponding relationship between investigation jurisdiction and trial jurisdiction. At the same time, at present, the railway public security organs adopt the mode of "separation of criminal investigation" in the process of filing a criminal case on trains (the unit of filing the case and the later stage of investigation, Litigation units belong to two public security organs, which are also one of the main causes of these problems. In view of the confusion and problems existing in the judicial practice of the railway public security organ in the judicial practice of the jurisdiction and filing of the train criminal case, in order to analyze and judge the jurisdiction and filing model of the current train criminal case more deeply and pertinently, From the angle of view of railway public security organs, the author analyzes and studies the factors that affect the filing of criminal cases of trains, taking the current system and practice status of criminal cases of trains as the starting point. On the basis of proposing a solution to the problems related to the jurisdiction and filing of criminal cases under the current system mode, this paper boldly envisages the reconstruction of the jurisdiction and filing mode of train criminal cases by localizing jurisdiction, and proves it.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.2

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