侦查辨认程序研究
发布时间：2019-01-28 09:10
【摘要】：在刑事诉讼中,侦查辨认是一种常用的侦查手段,其程序设置得是否合理、是否规范,直接影响着辨认结论的准确性,更重要的是还会关系着侦查机关的办案质量以及犯罪嫌疑人的人身权利保障问题。我国最新修改的《刑事诉讼法》将辨认笔录作为法定证据予以规定,明确以法律的形式认可了辨认笔录的证明能力,为辨认笔录进入法庭审判阶段提供了基本法依据,是刑事诉讼的一大发展。但是辨认是否可以作为侦查措施来使用却没有相关规定,而仅仅只是在《人民检察院刑事诉讼规则》和《公安部办理刑事案件程序规定》有所涉及。两法律规定虽然针对这部分进行了修改,有了很大改进,但是总体来说仍然存在些许漏洞,如有些条文过于简单、空泛、操作性不强,且两部门内容的不一致之处颇多。因为法律公正包括立法公正和司法公正两方面的内容,前者是后者的基础。立法上的不规范、不完善,必然影响着侦查机关的办案质量；而立法上的不尽人如意,也直接影响着司法公正的最终效果。因此,有必要在结合新修改的法律规定对我国的辨认程序再次进行深入探讨。辨认的过程是同一认定的心理过程,它不可避免要受到多种因素的影响,包括主体因素、客体因素以及其他等因素。正是基于此,辨认难免出现错误。因此我们有必要针对影响辨认的诸多因素进行深入阐释,并且要在辨认启动、实施、权利救济保障以及辨认笔录审查四个程序中遵循辨认的基本规则并寻找提高辨认准确性和防范错误的方式,从而把辨认的误差降到最低。本文从侦查辨认程序的基本理论入手,着重分析了影响辨认的多种因素以及辨认程序的基本规则,为接下来对我国辨认程序的规制奠定了坚实的理论基础,通过比较分析方法阐释了以英国、美国为代表的英美法系国家和以意大利、俄罗斯为代表的大陆法系国家的辨认程序与立法模式,得出一些对我国辨认程序的立法启示,进而在此基础上剖析了我国目前辨认立法与辨认启动、实施、权利救济保障以及辨认笔录审查四个程序所存在的问题,最后结合西方先进的立法经验与我国的立法与司法实务境况,通过理论联系实际的方式,对各个阶段性程序提出了相关的完善意见。
[Abstract]:In criminal proceedings, investigation and identification is a commonly used investigative technique. Whether the procedure is set up reasonably or not, whether it is standardized, has a direct impact on the accuracy of the identification conclusion. More importantly, it also concerns the quality of investigation organs and the protection of criminal suspects' personal rights. The newly amended Criminal procedure Law of our country stipulates that the identification record shall be regarded as legal evidence, and explicitly recognizes the proof ability of the identification record in the form of law, thus providing the basic law basis for the identification record to enter the trial stage of the court. Is a major development of criminal proceedings. However, there are no relevant regulations on whether the identification can be used as an investigative measure, but only in the rules of Criminal procedure of the people's Procuratorate and the regulations of the Ministry of Public Security on the procedure for handling Criminal cases. Although the two laws and regulations have been modified and greatly improved, there are still some loopholes in the whole, such as some provisions are too simple, general, operability is not strong, and the content of the two departments is not consistent. Because legal justice includes legislative justice and judicial justice, the former is the basis of the latter. The unstandard and imperfect legislation will inevitably affect the quality of the investigation organ's handling of cases, and the unsatisfactory people's satisfaction in the legislation will directly affect the final effect of judicial justice. Therefore, it is necessary to further explore the identification procedure of our country in combination with the newly amended legal provisions. The process of identification is a psychological process of the same cognizance, which is inevitably influenced by many factors, including subject factor, object factor and other factors. It is on this basis that mistakes in identification are inevitable. Therefore, it is necessary for us to explain in depth the many factors that affect the identification, and to start and implement the identification. Right relief and recognition record review four procedures follow the recognition of the basic rules and find ways to improve the accuracy of identification and guard against errors so as to minimize the error of identification. Starting with the basic theory of the procedure of investigation and identification, this paper focuses on the analysis of various factors affecting the identification and the basic rules of the identification procedure, which lays a solid theoretical foundation for the regulation of the identification procedure in our country. By means of comparative analysis, this paper explains the identification procedure and legislative model of the common law countries represented by the United Kingdom and the United States, and the continental law countries represented by Italy and Russia, and draws some legislative enlightenment to the identification procedure of our country. On the basis of this, the paper analyzes the problems existing in the current identification legislation and identification startup, implementation, right relief protection and identification record review in our country. Finally, combined with the western advanced legislative experience and the situation of our country's legislation and judicial practice, the author puts forward the relevant suggestions on each stage procedure through the way of integrating theory with practice.
【学位授予单位】：山西大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
本文编号：2416921
[Abstract]:In criminal proceedings, investigation and identification is a commonly used investigative technique. Whether the procedure is set up reasonably or not, whether it is standardized, has a direct impact on the accuracy of the identification conclusion. More importantly, it also concerns the quality of investigation organs and the protection of criminal suspects' personal rights. The newly amended Criminal procedure Law of our country stipulates that the identification record shall be regarded as legal evidence, and explicitly recognizes the proof ability of the identification record in the form of law, thus providing the basic law basis for the identification record to enter the trial stage of the court. Is a major development of criminal proceedings. However, there are no relevant regulations on whether the identification can be used as an investigative measure, but only in the rules of Criminal procedure of the people's Procuratorate and the regulations of the Ministry of Public Security on the procedure for handling Criminal cases. Although the two laws and regulations have been modified and greatly improved, there are still some loopholes in the whole, such as some provisions are too simple, general, operability is not strong, and the content of the two departments is not consistent. Because legal justice includes legislative justice and judicial justice, the former is the basis of the latter. The unstandard and imperfect legislation will inevitably affect the quality of the investigation organ's handling of cases, and the unsatisfactory people's satisfaction in the legislation will directly affect the final effect of judicial justice. Therefore, it is necessary to further explore the identification procedure of our country in combination with the newly amended legal provisions. The process of identification is a psychological process of the same cognizance, which is inevitably influenced by many factors, including subject factor, object factor and other factors. It is on this basis that mistakes in identification are inevitable. Therefore, it is necessary for us to explain in depth the many factors that affect the identification, and to start and implement the identification. Right relief and recognition record review four procedures follow the recognition of the basic rules and find ways to improve the accuracy of identification and guard against errors so as to minimize the error of identification. Starting with the basic theory of the procedure of investigation and identification, this paper focuses on the analysis of various factors affecting the identification and the basic rules of the identification procedure, which lays a solid theoretical foundation for the regulation of the identification procedure in our country. By means of comparative analysis, this paper explains the identification procedure and legislative model of the common law countries represented by the United Kingdom and the United States, and the continental law countries represented by Italy and Russia, and draws some legislative enlightenment to the identification procedure of our country. On the basis of this, the paper analyzes the problems existing in the current identification legislation and identification startup, implementation, right relief protection and identification record review in our country. Finally, combined with the western advanced legislative experience and the situation of our country's legislation and judicial practice, the author puts forward the relevant suggestions on each stage procedure through the way of integrating theory with practice.
【学位授予单位】：山西大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
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