论看守所功能的转型及制度保障

发布时间：2019-01-17 10:50

【摘要】：在我国现行司法实践中担负起审前未决羁押职能的行政管理部门,主要是作为公安机关内设行政单位的各级看守所。与此同时,公安机关自身又肩负着我国绝大部分的刑事侦查职责及任务。这势必使得看守所的工作职责在司法实践中出现异化,甚至是彻底沦为辅助刑事侦查的有力工具。自然在司法实践中出现超期羁押、牢头狱霸屡禁不绝,未决羁押人非正常死亡事件时有发生也就不足为奇了。为更好地响应习近平总书记提出的让人民群众在每一个司法案件中都感受到公平正义,提高司法公信力的宏伟目标,进而适应新形势下人民群众对司法工作提出的新要求。这就亟需对看守所的现有职责、工作机制进行相应的改革。根据刑事诉讼法的有关要求,看守所的职能本应是负责执行对未决犯的审前羁押,以及代为执行刑期不满三个月不便送往监狱的已决犯的功能,但在现行司法实践中,由于看守所是交由刑事侦查部门的公安机关进行管理,公安机关充分利用这一优势,将看守所作为自身侦查破案的“犯罪信息库”和“打击犯罪的重要战场”。由此也带来了一系列诸如刑讯逼供、超期羁押、牢头狱霸等现实问题,在近年也反复出现被羁押人非正常死亡事件的发生。而导致上述问题的出现,除了因职能定位不清,行政地位从属于公安机关外,还与我国“有罪推定”的刑事司法理念仍占主流,涉及未决羁押的法律法规不完善,看守所内部管理流于形式,对看守所的外部监督渠道单一,被羁押人权利救济手段不到位,来自外部非法律性压力等各种主、客观原因共同作用的结果。而要解决现行司法实践中所出现的各种问题,就要先将看守所的职能进行重新定位。确定看守所的职能是保障刑事诉讼正常运行的基础上,保护被羁押人合法权利不受侵犯及辩护权得到有效实施。这就需要厘清其与刑事侦查部门间的关系,将其在行政归属、人事管理、财政保障及业务指导一并交由相对中立的司法行政机关管理。此外,还要对涉及看守所中立化的司法环境进行一定程度的变革,如继续推进普法教育,使全民树立“无罪推定”法律原则；对涉及看守所及未决羁押的相关法律法规及运行机制进行合理重构。
[Abstract]:In the current judicial practice of our country, the administrative department which takes on the function of pretrial detention is mainly set up as the administrative unit of the public security organs at all levels of detention. At the same time, the public security organs themselves shoulder most of our country's criminal investigation duties and tasks. This will certainly make the duty of detention center appear alienation in judicial practice, and even become a powerful tool to assist criminal investigation. It is not surprising that prolonged detention occurs in judicial practice, that the prison superintendents are repeatedly prohibited, and that the unnatural deaths of pending detainees occur from time to time. In order to better respond to General Secretary Xi Jinping's grand goal of making the people feel fair and just in every judicial case, and to improve the judicial credibility, and then to adapt to the new demands put forward by the people on judicial work under the new situation. It is urgent to reform the existing duty and working mechanism of the detention center. According to the relevant requirements of the Code of Criminal procedure, the functions of the detention centre should be responsible for the execution of pretrial detention of unconvicted offenders, as well as for the execution of the functions of convicted offenders whose sentences are less than three months inconvenient to be sent to prison, but in the current judicial practice, Due to the fact that the detention center is managed by the public security organ of the criminal investigation department, the public security organ makes full use of this advantage and regards the detention center as the "crime information bank" and "the important battlefield" for cracking down on the crime. This has also brought a series of practical problems such as extorting confessions by torture, extended detention, prison hegemony and other practical problems. In recent years, there have been repeated deaths of detainees. The emergence of the above problems, in addition to the unclear function, administrative status subordinate to the public security organs, but also with our "presumption of guilt" criminal justice concept is still the mainstream, involving pending custody of the laws and regulations are not perfect. The internal management of the detention center is just a formality, the external supervision channel of the detention center is single, the right relief means of the detainees are not in place, the external non-legal pressure and other subjective and objective reasons work together. In order to solve all kinds of problems in the current judicial practice, we must reposition the function of the detention center. On the basis of ensuring the normal operation of the criminal procedure, the function of the detention center is to protect the lawful rights of the detainees from being infringed and the right of defense to be effectively implemented. It is necessary to clarify its relationship with the criminal investigation department and hand it over to the relatively neutral judicial administrative organ in the administrative ownership, personnel management, financial security and business guidance. In addition, the judicial environment involving the neutralization of detention facilities should be reformed to a certain extent, such as continuing to promote law popularization education, so that the whole people can establish the legal principle of "presumption of innocence"; This paper reconstructs the relevant laws and regulations and operation mechanism of detention center and pending detention.
【学位授予单位】：江西财经大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D925.2

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