论我国检察机关技术侦查的法律境况与出路构想
发布时间：2018-11-24 20:14
【摘要】：在当前严峻的职务犯罪形势下，检察机关的职务犯罪侦查却存在手段落后，取证困难等难题。因此，2013年生效的《刑事诉讼法》明文赋予了检察机关对相应罪名的技术侦查权，实现了技术侦查的立法规制，标志着技术侦查的法定化。然而，我国检察机关的技术侦查在法律规制和司法实务中都存在亟需解决的问题，比如执行主体不明，执行程序和监督程序缺乏相应的规定等。对此，笔者围绕检察机关技术侦查的法律规定和司法实际，，借鉴外国的做法，联系我国当前的实际，从技术侦查的本体展开论述，同时结合检察机关技术侦查的法律境况和眼下的职务犯罪形势，对技术侦查运行过程中的实际情况进行分析，指出当前的技术侦查不能充分适应职务犯罪形势的原因，并试图指出相应的出路：在保障人权的基础上，围绕职务犯罪人展开技术侦查。为了规范和约束技术侦查权，要从庭审内外建立相应的监督机制。庭审之外，要求求技术侦查合法运行，杜绝剑走偏锋，对侦查行为进行规范，庭审之内评判技术侦查的庭审价值，否定其违法取证的诉讼意义，对侦查结果进行规范，从而在制度之上充分保证检察机关技术侦查的诉讼价值。
[Abstract]:In the present serious situation of duty crime, the procuratorial organ's investigation of duty crime has some difficulties, such as backward means and difficulty in obtaining evidence. Therefore, the Criminal procedure Law, which came into effect in 2013, explicitly endows the procuratorial organ with the technical investigation power of the corresponding charges, realizes the legislative regulation of the technical investigation, and marks the legalization of the technical investigation. However, there are some problems that need to be solved in the legal regulation and judicial practice of the procuratorial organs in our country, for example, the subject of execution is not clear, and the procedures of execution and supervision lack of corresponding regulations and so on. In view of this, the author focuses on the legal provisions and judicial practice of the technical investigation of procuratorial organs, draws lessons from the practices of foreign countries, and discusses from the Noumenon of the technical investigation in connection with the current situation in our country. At the same time, combining with the legal situation of technical investigation of procuratorial organs and the present situation of duty crime, this paper analyzes the actual situation in the course of technical investigation, and points out the reasons why the current technical investigation cannot fully adapt to the situation of duty crime. And try to point out the corresponding way: on the basis of protecting human rights, the technical investigation is carried out around the duty offenders. In order to regulate and restrict the power of technical investigation, the corresponding supervision mechanism should be established from inside and outside the trial. In addition to the trial, it is required to seek the legal operation of technical investigation, to put an end to the deviation of the sword, to standardize the investigation behavior, to judge the trial value of the technical investigation within the trial, to deny the lawsuit significance of its illegal evidence collection, and to standardize the investigation result. Thus, on the basis of the system, the procedural value of the technical investigation of procuratorial organs is fully guaranteed.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
本文编号：2354896
[Abstract]:In the present serious situation of duty crime, the procuratorial organ's investigation of duty crime has some difficulties, such as backward means and difficulty in obtaining evidence. Therefore, the Criminal procedure Law, which came into effect in 2013, explicitly endows the procuratorial organ with the technical investigation power of the corresponding charges, realizes the legislative regulation of the technical investigation, and marks the legalization of the technical investigation. However, there are some problems that need to be solved in the legal regulation and judicial practice of the procuratorial organs in our country, for example, the subject of execution is not clear, and the procedures of execution and supervision lack of corresponding regulations and so on. In view of this, the author focuses on the legal provisions and judicial practice of the technical investigation of procuratorial organs, draws lessons from the practices of foreign countries, and discusses from the Noumenon of the technical investigation in connection with the current situation in our country. At the same time, combining with the legal situation of technical investigation of procuratorial organs and the present situation of duty crime, this paper analyzes the actual situation in the course of technical investigation, and points out the reasons why the current technical investigation cannot fully adapt to the situation of duty crime. And try to point out the corresponding way: on the basis of protecting human rights, the technical investigation is carried out around the duty offenders. In order to regulate and restrict the power of technical investigation, the corresponding supervision mechanism should be established from inside and outside the trial. In addition to the trial, it is required to seek the legal operation of technical investigation, to put an end to the deviation of the sword, to standardize the investigation behavior, to judge the trial value of the technical investigation within the trial, to deny the lawsuit significance of its illegal evidence collection, and to standardize the investigation result. Thus, on the basis of the system, the procedural value of the technical investigation of procuratorial organs is fully guaranteed.
【学位授予单位】：苏州大学
【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1条
1 宋英辉;刑事程序中的技术侦查研究[J];法学研究;2000年03期
本文编号：2354896
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