论人员失踪的刑事追查机制
发布时间：2018-12-12 08:57
【摘要】：失踪，由于其性质难以认定，在我国一般被认定为是社会事件，我国每年发生的失踪案件有很多，从公安机关破获的许多震惊中国的刑事案件来看，许多案件刚开始都是以失踪为表现形式的，以连环杀人案为例，案件前期都有被害人失踪的情况发生，并且犯罪持续时间较久，这些失踪现象掩盖了大量的犯罪事实。公安机关总是在侦破了这些刑事案件后，才发现失踪只是犯罪的表面形式。由于失踪案件的隐蔽性，并且失踪情况复杂多样，并非所有的失踪案件都和刑事犯罪有关，在没有发现犯罪事实，仅有失踪报案的情况下，失踪案件适用我国《刑事诉讼法》的规定很难立案。因此对于失踪案件，公安机关往往以不具备立案条件为由，，不予立案。并且对失踪案件，公安机关在立案之前有一个很长的调查阶段，调查失踪人是否有遭到犯罪行为侵害的可能，但是这个调查阶段时间非常久，因为很多失踪案件在前期是找不到任何证据能够证明失踪人遭受了犯罪侵害的。等到公安机关立案侦查时，犯罪之初的证据很有可能已经消失殆尽，这样更不利于侦查破案。对人员失踪案件进行研究，能够引起公安机关对失踪案件的重视，同时完善失踪立案制度，弥补司法实践中对失踪案件处理的缺陷，预防更多失踪被侵害案件的发生。 本文第一章介绍了失踪人员的概念以及范围，并阐述了我国法律法规等相关文件中有关失踪人员的规定以及存在的问题，并通过案例引出失踪案件与刑事犯罪的关系。第二章介绍了我国处理人口失踪问题的现状以及失踪立案制度存在的缺陷，失踪案件立案难在于法律没有明确规定立案时间，立案标准高等。第三章通过对中美两国人口失踪预警机制进行比较，并通过案例表明我国可以借鉴美国有关失踪的预警机制，为公安机关提供线索，来帮助公安机关早日侦破案件。第四章在对前文分析的基础上提出了完善我国人员失踪追查机制的一些建议。本文主要从我国目前存在的与失踪有关的刑事案件进行分析，说明我国在失踪刑事立案侦查中存在的问题，并根据存在的问题，在借鉴国外相关经验的基础上，提出完善人口失踪刑事立案侦查制度的有效措施，以期能够对失踪案件引起重视，改善我国失踪人员立案侦查的现状。
[Abstract]:Disappearance, because its nature is difficult to determine, is generally recognized as a social event in our country. There are many cases of disappearance that occur every year in our country. Judging from the many criminal cases that the public security organs have uncovered, which shocked China, Many cases have just started out in the form of disappearance, taking serial homicide as an example. In the early stage of the case, the victim disappeared, and the crime lasted for a long time. These disappearances cover up a large number of criminal facts. The public security organs always find out that missing is only the superficial form of crime after solving these criminal cases. Because of the concealment of missing cases and the complexity and diversity of disappearances, not all cases of disappearance are related to criminal offences. In cases where no criminal facts have been discovered and only reports of disappearances have been reported, It is difficult to file a case of disappearance according to the provisions of our country's Criminal procedure Law. Therefore, for missing cases, public security organs often do not have the conditions to file the case. And for the missing cases, the public security organs have a very long period of investigation before filing the case, to investigate whether the missing persons are likely to be harmed by criminal acts, but this stage of investigation is very long. Because many disappearances have not found any evidence that the missing have been victimized. By the time the investigation is filed by the public security organs, the evidence at the beginning of the crime may have disappeared, which is even less conducive to the investigation and detection. The study on the missing cases can arouse the public security organs' attention to the missing cases, perfect the system of putting the missing persons on file, make up for the defects of handling the missing cases in the judicial practice, and prevent more cases of missing from being infringed. The first chapter introduces the concept and scope of missing persons, and expounds the provisions and problems of missing persons in the relevant documents, such as laws and regulations of our country, and leads to the relationship between missing cases and criminal offences through cases. The second chapter introduces the present situation of dealing with the problem of missing persons in China and the defects of the system of filing missing persons. The difficulty of filing missing cases lies in the fact that the law does not specify the time of filing and the standard of filing is high. The third chapter compares the early warning mechanism of missing persons between China and the United States, and shows that our country can draw lessons from the early warning mechanism of the United States to provide clues for the public security organs to help the public security organs to solve the cases at an early date. The fourth chapter puts forward some suggestions on how to perfect the mechanism of missing persons in our country on the basis of the previous analysis. Based on the analysis of the current criminal cases related to disappearances in China, this paper explains the problems existing in the investigation of missing criminal cases, and based on the existing problems and on the basis of drawing lessons from the relevant experience of foreign countries, This paper puts forward some effective measures to perfect the system of criminal investigation of missing persons in order to pay attention to the missing cases and improve the present situation of the investigation of missing persons in our country.
【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：2374296
[Abstract]:Disappearance, because its nature is difficult to determine, is generally recognized as a social event in our country. There are many cases of disappearance that occur every year in our country. Judging from the many criminal cases that the public security organs have uncovered, which shocked China, Many cases have just started out in the form of disappearance, taking serial homicide as an example. In the early stage of the case, the victim disappeared, and the crime lasted for a long time. These disappearances cover up a large number of criminal facts. The public security organs always find out that missing is only the superficial form of crime after solving these criminal cases. Because of the concealment of missing cases and the complexity and diversity of disappearances, not all cases of disappearance are related to criminal offences. In cases where no criminal facts have been discovered and only reports of disappearances have been reported, It is difficult to file a case of disappearance according to the provisions of our country's Criminal procedure Law. Therefore, for missing cases, public security organs often do not have the conditions to file the case. And for the missing cases, the public security organs have a very long period of investigation before filing the case, to investigate whether the missing persons are likely to be harmed by criminal acts, but this stage of investigation is very long. Because many disappearances have not found any evidence that the missing have been victimized. By the time the investigation is filed by the public security organs, the evidence at the beginning of the crime may have disappeared, which is even less conducive to the investigation and detection. The study on the missing cases can arouse the public security organs' attention to the missing cases, perfect the system of putting the missing persons on file, make up for the defects of handling the missing cases in the judicial practice, and prevent more cases of missing from being infringed. The first chapter introduces the concept and scope of missing persons, and expounds the provisions and problems of missing persons in the relevant documents, such as laws and regulations of our country, and leads to the relationship between missing cases and criminal offences through cases. The second chapter introduces the present situation of dealing with the problem of missing persons in China and the defects of the system of filing missing persons. The difficulty of filing missing cases lies in the fact that the law does not specify the time of filing and the standard of filing is high. The third chapter compares the early warning mechanism of missing persons between China and the United States, and shows that our country can draw lessons from the early warning mechanism of the United States to provide clues for the public security organs to help the public security organs to solve the cases at an early date. The fourth chapter puts forward some suggestions on how to perfect the mechanism of missing persons in our country on the basis of the previous analysis. Based on the analysis of the current criminal cases related to disappearances in China, this paper explains the problems existing in the investigation of missing criminal cases, and based on the existing problems and on the basis of drawing lessons from the relevant experience of foreign countries, This paper puts forward some effective measures to perfect the system of criminal investigation of missing persons in order to pay attention to the missing cases and improve the present situation of the investigation of missing persons in our country.
【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
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