论侦查行为的规范化运行
发布时间：2018-12-28 13:01
【摘要】：在我国刑事诉讼中,国家公权力和被追诉人权利形成的对抗最为明显和激烈的阶段就是侦查阶段。基于惩罚犯罪,保障社会治安稳定的迫切需要,出于我国传统文化与现有国情的综合考虑,我国的侦查程序呈现出强职权主义的诉讼形态。为了完成惩罚犯罪,保障社会治安稳定的目标,国家赋予了侦查机关强大的权利,相比之下,被追诉人的权利却显得非常弱小。这种强大权利被赋予的同时,却没有与之相配备的监督和制约体系,这就会导致侦查行为出现诸如范围扩大,超出必要限度等这样那样的问题,也直接威胁到了公民的权利,更不必说我国现阶段仍然存在的刑讯逼供、非法搜查、非法扣押等实施违法侦查行为,严重损害了相对人权利,也严重损害了我国司法权威。随着近些年人权观念和程序正义的观念进入到人们视线的中心,人们越来越关注侦查程序中被追诉人的权利保护,而如何使我国侦查行为能够规范化运行也就成为了关注的焦点。本文主要分为四个部分,第一部分是对于概念的厘定,对文章所涉及的主要概念侦查行为进行了辨析和分类,确定了论文主要写作概念的范围。第二部分是侦查行为的实施原则,通过实施原则的分析和说明,确定了侦查行为规范化改善的理论基础和基本原则。第三部分是对于我国侦查行为现状的分析和反思,并联系2013年新刑事诉讼法的修改,看到我国对于侦查行为规范化所做出的努力,也找出现在仍然存在的不足。第四部分则是对于侦查行为规范化的完善,通过制度的提出和完善,来使我国的侦查行为能够更规范化的运行。本文通过比较分析,文献分析等方法对我国侦查行为现状的分析和反思,联系国外的侦查行为的监督制约机制,试图对我国侦查行为的运行进行规范化完善。
[Abstract]:In criminal proceedings in our country, the most obvious and intense stage of the confrontation between the public power of the state and the right of the accused is the stage of investigation. Based on the urgent need of punishing crime and ensuring the stability of public order, the investigation procedure of our country presents the litigation form of strong authority because of the comprehensive consideration of the traditional culture and the existing national conditions of our country. In order to achieve the goal of punishing crime and ensuring the stability of public order, the state has given the investigative organ a powerful right, but the right of the prosecuted person appears to be very weak. This powerful right is given without a monitoring and control system, which can lead to problems such as expanding the scope of investigation, exceeding the necessary limits, and directly threatening the rights of citizens. Not to mention, the illegal investigation such as extorting confessions by torture, illegal search and seizure still exists in our country at the present stage, which seriously damages the rights of relative parties and the judicial authority of our country. As the concept of human rights and procedural justice has entered the center of attention in recent years, people are paying more and more attention to the protection of the rights of those prosecuted in the investigation procedure. And how to make our country's investigation behavior can be standardized operation has become the focus of attention. This paper is mainly divided into four parts. The first part is the definition of the concept, the article involved in the main concept of criminal investigation behavior discrimination and classification, to determine the scope of the main writing concepts. The second part is the implementation principle of investigation behavior. Through the analysis and explanation of the implementation principle, the theoretical basis and basic principles of the standardization improvement of investigation behavior are determined. The third part is the analysis and reflection on the current situation of investigation in our country and the revision of the new criminal procedure law in 2013. We can see the efforts of our country to standardize the investigation behavior and find out the shortcomings that still exist. The fourth part is to perfect the standardization of investigation behavior, through the system put forward and perfect, to make the investigation behavior of our country more standardized operation. Through comparative analysis, literature analysis and other methods to analyze and reflect on the present situation of investigation behavior in China, this paper tries to standardize and perfect the operation of investigation behavior in China by connecting with the supervision and restriction mechanism of foreign investigation behavior.
【学位授予单位】：中国青年政治学院
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
本文编号：2393975
[Abstract]:In criminal proceedings in our country, the most obvious and intense stage of the confrontation between the public power of the state and the right of the accused is the stage of investigation. Based on the urgent need of punishing crime and ensuring the stability of public order, the investigation procedure of our country presents the litigation form of strong authority because of the comprehensive consideration of the traditional culture and the existing national conditions of our country. In order to achieve the goal of punishing crime and ensuring the stability of public order, the state has given the investigative organ a powerful right, but the right of the prosecuted person appears to be very weak. This powerful right is given without a monitoring and control system, which can lead to problems such as expanding the scope of investigation, exceeding the necessary limits, and directly threatening the rights of citizens. Not to mention, the illegal investigation such as extorting confessions by torture, illegal search and seizure still exists in our country at the present stage, which seriously damages the rights of relative parties and the judicial authority of our country. As the concept of human rights and procedural justice has entered the center of attention in recent years, people are paying more and more attention to the protection of the rights of those prosecuted in the investigation procedure. And how to make our country's investigation behavior can be standardized operation has become the focus of attention. This paper is mainly divided into four parts. The first part is the definition of the concept, the article involved in the main concept of criminal investigation behavior discrimination and classification, to determine the scope of the main writing concepts. The second part is the implementation principle of investigation behavior. Through the analysis and explanation of the implementation principle, the theoretical basis and basic principles of the standardization improvement of investigation behavior are determined. The third part is the analysis and reflection on the current situation of investigation in our country and the revision of the new criminal procedure law in 2013. We can see the efforts of our country to standardize the investigation behavior and find out the shortcomings that still exist. The fourth part is to perfect the standardization of investigation behavior, through the system put forward and perfect, to make the investigation behavior of our country more standardized operation. Through comparative analysis, literature analysis and other methods to analyze and reflect on the present situation of investigation behavior in China, this paper tries to standardize and perfect the operation of investigation behavior in China by connecting with the supervision and restriction mechanism of foreign investigation behavior.
【学位授予单位】：中国青年政治学院
【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3条
1 刘捷;;侦查监督体系论——侦查监督体系的构建[J];法制与社会;2008年11期
2 张钢;;军地刑事司法视角下“侦查”和“侦察”界分[J];法制与社会;2012年08期
3 王福相;王茜;张旭明;;侦查基本原则学理解读[J];净月学刊;2013年06期
，本文编号：2393975
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