鹤城区检察院2013年不批准逮捕案件实证研究
发布时间：2018-10-08 13:39
【摘要】：逮捕是最严厉的刑事强制措施,严厉性体现在司法机关在法定期限内依法剥夺犯罪嫌疑人、被告人的人身自由并进行羁押审查。由于逮捕的羁押期限相对较长,可以有效地保证刑事诉讼活动的顺利进行,为公安机关查清案件真实和惩处犯罪分子提供了时间保障,因而为公安机关所青睐,将不捕率的高低作为考核办案质量的一个重要标准,而逮捕措施的消极作用也彰显无遗,一旦错捕则严重侵犯公民合法权益,面临国家赔偿压力。审查逮捕成为检察机关履行侦查监督职能保障公民人权的关键环节,而不批准逮捕更是由于体现控制犯罪与保障人权矛盾的直接冲突而备受关注,成为侦、检、辩、被害人四方审前博弈的焦点。 任何不捕案件的出现,都是公安机关的积极诉求和检察机关的审慎审查的冲突结果,也是在查处犯罪过程中检警双方最大的分歧所在,如何在打击犯罪和保障人权中寻求平衡,统一公安、检察执法标准,提高司法公信力是本文选题的切入点。本文以鹤城区检察院2013年审查逮捕案件为例,提出不批准逮捕决定的正面效应,包括有利于贯彻宽严相济刑事政策,有利于减少司法资源浪费,有利于防范错案,分析检察机关作出不批准逮捕决定面临的问题,包括：权力监督、救济体系不完善,公安、检察机关执法标准不一,不批准逮捕决定作出后的监督有配套制度执行不到位等,提出完善对策,包括：统一不批准逮捕决定的适用标准,加强对不批准逮捕定的后续跟踪监督,如引导存疑不捕案件侦查取证,将构罪不捕案件嫌疑人纳入社区矫正范围,完善取保候审监督执行体系,完善对不批准逮捕决定的制约体系,如建立不批准逮捕案件双向说理制度、有异议不批准逮捕案件公开听证制度、科学有效的错案责任追究机制,立足解决司法实践中遇到的实际问题,促进司法公平公正。
[Abstract]:Arrest is the most severe criminal coercive measure, which is reflected in the judicial organs depriving the criminal suspects and defendants of their personal liberty and conducting the detention examination within the legal time limit. As the detention period of arrest is relatively long, it can effectively ensure the smooth progress of criminal proceedings, and provide a time guarantee for the public security organs to find out the truth of the case and punish the criminals, so it is favored by the public security organs. The level of non-arrest rate is regarded as an important standard to assess the quality of handling cases, and the negative effect of arrest measures is also highlighted. Once the wrong arrest seriously infringes on the legitimate rights and interests of citizens, it faces the pressure of state compensation. Examining and arresting has become a key link for procuratorial organs to perform the function of investigation and supervision to protect citizens' human rights. However, the disapproval of arrest has attracted much attention because of the direct conflict between crime control and protection of human rights. It has become an investigation, a procurator, and a defense. The focus of the four-party pretrial game of the victim. The appearance of any non-arrest case is the result of the positive demands of the public security organs and the careful examination of the procuratorial organs. It is also the biggest difference between the prosecution and the police in the process of investigating and dealing with crimes. How to strike a balance between the fight against crime and the protection of human rights, Unifying public security, procuratorial law enforcement standard and improving judicial credibility are the entry point of this paper. Taking the case of arrest examined by Hecheng District Procuratorate in 2013 as an example, this paper points out the positive effects of disapproval of arrest decision, including the implementation of the criminal policy of combining leniency and severity, the reduction of the waste of judicial resources, and the prevention of wrong cases. Analyzing the problems faced by procuratorial organs in making the decision not to approve arrest, including: power supervision, imperfect relief system, different standards of law enforcement by public security and procuratorial organs, supervision after disapproval of arrest decision, etc. Put forward the perfect countermeasure, including: unifying the applicable standard of the non-approval arrest decision, strengthening the follow up supervision of the disapproval arrest decision, such as guiding the suspect to investigate and collect the evidence, bringing the suspect of the constitution crime and not arresting the case into the scope of community correction, To improve the execution system of bail pending trial supervision, to perfect the restriction system on the decision to disapprove arrest, such as establishing a two-way reasoning system for disapproving arrest cases, a public hearing system for disapproving arrest cases, and a scientific and effective mechanism for investigating the responsibility for wrongful cases, To solve the practical problems in judicial practice and promote judicial fairness and justice.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
本文编号：2256954
[Abstract]:Arrest is the most severe criminal coercive measure, which is reflected in the judicial organs depriving the criminal suspects and defendants of their personal liberty and conducting the detention examination within the legal time limit. As the detention period of arrest is relatively long, it can effectively ensure the smooth progress of criminal proceedings, and provide a time guarantee for the public security organs to find out the truth of the case and punish the criminals, so it is favored by the public security organs. The level of non-arrest rate is regarded as an important standard to assess the quality of handling cases, and the negative effect of arrest measures is also highlighted. Once the wrong arrest seriously infringes on the legitimate rights and interests of citizens, it faces the pressure of state compensation. Examining and arresting has become a key link for procuratorial organs to perform the function of investigation and supervision to protect citizens' human rights. However, the disapproval of arrest has attracted much attention because of the direct conflict between crime control and protection of human rights. It has become an investigation, a procurator, and a defense. The focus of the four-party pretrial game of the victim. The appearance of any non-arrest case is the result of the positive demands of the public security organs and the careful examination of the procuratorial organs. It is also the biggest difference between the prosecution and the police in the process of investigating and dealing with crimes. How to strike a balance between the fight against crime and the protection of human rights, Unifying public security, procuratorial law enforcement standard and improving judicial credibility are the entry point of this paper. Taking the case of arrest examined by Hecheng District Procuratorate in 2013 as an example, this paper points out the positive effects of disapproval of arrest decision, including the implementation of the criminal policy of combining leniency and severity, the reduction of the waste of judicial resources, and the prevention of wrong cases. Analyzing the problems faced by procuratorial organs in making the decision not to approve arrest, including: power supervision, imperfect relief system, different standards of law enforcement by public security and procuratorial organs, supervision after disapproval of arrest decision, etc. Put forward the perfect countermeasure, including: unifying the applicable standard of the non-approval arrest decision, strengthening the follow up supervision of the disapproval arrest decision, such as guiding the suspect to investigate and collect the evidence, bringing the suspect of the constitution crime and not arresting the case into the scope of community correction, To improve the execution system of bail pending trial supervision, to perfect the restriction system on the decision to disapprove arrest, such as establishing a two-way reasoning system for disapproving arrest cases, a public hearing system for disapproving arrest cases, and a scientific and effective mechanism for investigating the responsibility for wrongful cases, To solve the practical problems in judicial practice and promote judicial fairness and justice.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
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