暴力恐怖犯罪案件中检察权配置研究

发布时间：2019-03-06 13:16

【摘要】：近年来,全国范围内暴力恐怖犯罪案件的发生愈显稀松平常,但这也意味着暴力恐怖犯罪对社会公共秩序产生的冲击以及对民众造成的心理恐慌也愈加严重。所以加大对该罪的整治力度是现阶段亟不可待的首要任务。但是由于该罪成因复杂,牵扯到很多因素,所以打击该罪的进程难点重重。基于此,本文尝试从比较法的视角出发,着眼于大陆法系国家与英美法系国家在暴力恐怖犯罪案件中的检察权所发挥的作用,并得出前者的检察权与后者相比涉及的范围更广、权限更大。之后在阐明我国检察权的法律性质的同时,与其进行比较研究。其次有选择性地借鉴其他国家在暴力恐怖犯罪案件中配置检察权的做法和经验,同时对我国打击暴力恐怖犯罪的进程中所出现的制度困境与现实困境进行分析。由此得知,由于检察机关相关职权地缺失,对公安机关与审判机关的立案、侦查和审判工作监督滞后、又缺乏有效的法律监督手段。从而导致不能更好地打击、防治该种犯罪。究其原因,出现这种状况是由于我国法律规定的不完善、检法两机关权力配置不均以及实际操作中的缺陷,以至于无法完全发挥检察机关的监督作用从而强力打击该种犯罪。针对我国现阶段所出现的以上问题,建议立足于我国暴恐犯罪的特殊性科学配置检察权,从而实现有效打击暴力恐怖犯罪的目的。
[Abstract]:In recent years, the occurrence of violent terrorist crimes has become more and more common throughout the country, but it also means that violent terrorist crimes have an increasingly serious impact on public order and the psychological panic of the people. Therefore, to increase the intensity of the crime is the first and most urgent task at this stage. However, due to the complex causes of the crime, involving many factors, the process of combating the crime is difficult. Based on this, this paper attempts to focus on the role of prosecutorial power in violent terrorist crime cases in civil law countries and common law countries from the perspective of comparative law, and draws a conclusion that the procuratorial power of the former is more extensive than that of the latter, and that the procuratorial power of the former is more extensive than that of the latter. More authority. Then, while clarifying the legal nature of procuratorial power in our country, the author makes a comparative study with it. Secondly, the author selectively draws lessons from the practice and experience of other countries in allocating prosecutorial power in cases of violent terrorist crimes, and analyzes the institutional and realistic dilemmas in the process of combating violent terrorist crimes in China at the same time. As a result, due to the lack of relevant functions and powers of procuratorial organs, the supervision of public security organs and judicial organs in case filing, investigation and trial work lags behind, and there is a lack of effective means of legal supervision. This leads to a better fight against this type of crime. The reason for this situation is that the law of our country is not perfect, the distribution of power between the two organs of the procuratorial law is not uniform and the defects in the actual operation, so that the procuratorial organs can not fully play the role of supervision in order to crack down on this kind of crime. In view of the above problems at present in our country, it is suggested that the prosecutorial power should be allocated scientifically based on the particularity of violent and terrorist crimes in our country, so as to achieve the purpose of effectively combating violent and terrorist crimes.
【学位授予单位】：新疆大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.3

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