关于我国公安机关区域性侦查协作机制研究

发布时间：2018-06-22 08:48

本文选题：公安机关 + 区域性　；参考：《西南政法大学》2008年硕士论文

【摘要】： 市场经济体制的建立和经济一体化程度的加深,促进了人、财、物的大流动。在带来社会生产力大发展的同时,跨区域犯罪日益严重,犯罪的动态化日益突出。为应对犯罪的新形势、新特点,侦查实践中,公安机关之间进一步加强了侦查协作,,侦查协作活动日益频繁,各地公安机关按照依法规范、资源共享、优势互补、互惠互利、高效协同等原则,建立了许多双边或多边的刑事侦查协作机制,犯罪联系密切的区域建立了长效的侦查协作区。在联合侦查、犯罪情报信息交流、案件线索协查协办、犯罪嫌疑人协助羁押、犯罪预防、重大突发事件应急处置等诸多方面展开广泛而深入的协作。侦查协作的丰富实践推动侦查协作理论的进一步完善。区域性侦查协作制度的研究,是侦查学理论的重要内容之一,具有综合性、实践性较强的特点。本文紧密联系公安工作实际,采用系统论、历史的、比较的、社会学等研究方法,从完善我国公安机关区域性侦查协作机制的宗旨出发,在研究侦查协作基本问题的基础上,提出构建我国公安机关区域性侦查协作制度的基本构想。以期丰富和发展我国侦查协作理论,推动公安机关侦查协作实践向纵深发展。全文共由三部分组成。第一部分:阐明了侦查协作的基本问题。有四项内容构成。首先,对现有的侦查协作概念进行评析,界定了侦查协作的概念,并分析了理由。阐明了侦查协作的主体特征是具有侦查权的侦查机关或侦查部门;侦查协作的目的为打击犯罪,维护社会秩序;侦查协作的主体之间关系处于相对平等的地位,其权利和义务具有一致性;侦查协作是具体的侦查措施,具有刑事诉讼的性质。在侦查协作概念的基础上,提出了区域性侦查协作的概念。其次,按照不同标准划分了侦查协作的类型,并分别进行分析。根据侦查协作的频率和规范程度分为:临时性协作和协作组织;根据侦查协作的内容分为:联合侦查、侦查情报信息交流和协作查缉;根据侦查协作主体的职能分为:刑侦部门与特警、交警、巡警的协作、公安机关各职能的侦查部门之间的协作、侦查的国际合作。再次,阐明了侦查协作的功能。第一,可以有效地提高公安机关打击犯罪的整体合力。第二,可以节约侦查成本,有效整合侦查资源,提高侦查的效益。第三,可以密切侦查部门之间的关系,有效解决警力不足的问题。第四,可以更好地维护社会稳定,保障人权。最后,论证了侦查协作的基础。普遍联系的观点和系统论是侦查协作的哲学基础;法学理论和法律规定是侦查协作的法治基础;跨区域的流动犯罪急剧上升和当前犯罪的特点、侦查管理体制的现状是侦查协作的现实基础。第二部分:考察了我国区域性侦查协作的历史和现状,由三项内容构成。首先考察了我国区域性侦查协作的历史。对区域性协作的历史进行全面客观地考察和理解,才能更好地理解其现实状况,对其未来发展趋向作出理性的预测,并提出科学的建议。按照历史的发展线索,划分为我国古代、近代、新中国成立后的侦查协作三个阶段,系统进行研究。其次,论述了我国区域性侦查协作的现状。从侦查协作区,侦查协查、追缉的现状几个方面展开论述其运行情况。从现行法律规定的内容方面论述其法律规制情况。最后,指出了当前侦查协作运行存在的问题。主要包括:地方保护主义和本位主义严重;侦查协作的意识不强,认识不到位;侦查协作的绝对无偿性原则阻碍侦查协作的运行;侦查协作的机制不健全;侦查协作责任规定不周全,考核不科学。第三部分:探讨了构建我国公安机关区域性侦查协作机制的基本构想,由三项内容构成。在侦查协作系统中,包括侦查体制、协作内容、协作方式、协作机构以及个体对侦查协作的主管意识等诸多要素,其中,机制起着基础性、根本性的作用。受制于经济状况、现行体制、个体的素质等因素,侦查协作机制的构建是一项长期复杂的系统工程。本文中,笔者从以下三个方面提出了基本构想: 首先,改革与完善侦查体制,创新侦查协作模式。改革和完善侦查体制必须坚持循序渐进、科学、合理的原则,具体作法有:保证侦查机关独立行使侦查权,规范党对侦查机关的领导。接着阐明了创新侦查协作模式的作法。充分利用刑侦信息化平台,拓宽侦查协作的渠道;构建服务于侦查破案的大刑侦格局。笔者论述要构建大刑侦格局,必须明确各警种的职责,健全多警协作的机制,加强具有侦查权部门间的整合。其次,论述了强化刑侦基础业务建设,建立情报主导机制。公安基础工作是刑侦破案的重要基础。情报是是侦查工作始终掌握主动权的关键。要加强情报信息的搜集、分析、研判和服务等机制建设。最后,详细阐明了构建全方位、多层次的区域性侦查协作机制的作法。第一,深化协作认识,培养协作精神。具体包括:摒弃地方保护主义和本位主义,树立侦查协作全局观;提高侦查人员素质;加强侦查的物质保障。第二,加强侦查协作机构队伍建设,完善侦查协作的内容,规范运作程序。加强侦查协作专门机构的建设,确立“联络员”制度。第三,建立健全侦查协作的考核体系,完善责任制。这是区域性侦查协作机制得以顺利运行的重要保障。实行“网上自动监测”;健全考核体系;建立侦查协作的投诉举报制度;明确协作双方的协作责任,确立责任追究制度。
[Abstract]:The establishment of the market economy system and the deepening of the degree of economic integration have promoted the great flow of people, money and things. While bringing about the great development of the social productive forces, the cross regional crime is becoming more and more serious and the dynamic of the crime is becoming more and more prominent. With the increasing frequency of investigation and cooperation activities, the public security organs have established many bilateral or multilateral criminal investigation cooperation mechanisms according to the principles of legal norms, resources sharing, complementary advantages, mutual benefit and efficient coordination, and a long effective investigation and cooperation area has been established in the areas of close criminal contact. The cooperation of the criminal suspects, the criminal suspects to assist in the detention, the crime prevention, the emergency disposal of major emergencies, and many other aspects of cooperation. The rich practice of investigation cooperation promotes the further improvement of the theory of investigation and cooperation.
The study of the regional investigation and cooperation system is one of the important contents of the theory of investigation, which has the characteristics of comprehensive and practical. This paper closely links with the practice of public security, adopts the research methods of system theory, history, comparison, sociology and so on, and starts from the purpose of perfecting the regional investigation and cooperation mechanism of the public security organs of our country. On the basis of investigating the basic problems of cooperation, this paper puts forward the basic conception of constructing the regional investigation cooperation system of public security organs of our country, with a view to enriching and developing the theory of investigation cooperation in China and promoting the development of the investigation and cooperation of the public security organs. The full text is composed of three parts.
The first part is to clarify the basic problems of investigation cooperation. There are four contents. First, the concept of investigation cooperation is evaluated, the concept of investigation cooperation is defined, and the reasons are analyzed. The main features of the investigation cooperation are the investigative organs or detection departments with the power of investigation; the purpose of the investigation and cooperation is to combat crime, and the purpose of the investigation and cooperation is to fight crime and dimension. To protect the social order; the relationship between the subjects of the investigation and cooperation is in a relatively equal position, and its rights and obligations are consistent; investigation cooperation is a specific investigation measure, with the nature of criminal litigation. On the basis of the concept of investigation and cooperation, the concept of regional investigation cooperation is put forward. Secondly, the investigation cooperation is divided according to different standards. According to the frequency and standard degree of investigation cooperation, it is divided into: temporary cooperation and cooperation organization; according to the content of investigation cooperation, it is divided into joint investigation, investigation of information exchange and cooperation and arrest. According to the functions of Investigative Cooperation subject, the criminal investigation department and special police, police, patrol, police cooperation, and various posts of public security organs The cooperation between the investigative departments and the international cooperation of investigation. Again, it clarifies the function of investigation cooperation. First, it can effectively improve the overall joint force of the public security organs to fight crime. Second, it can save the investigation cost, effectively integrate the investigation resources and improve the efficiency of the investigation. Third, we can closely investigate the relations between the departments and effective solutions. Fourth, we can better maintain social stability and protect human rights. Finally, it demonstrates the basis of investigation cooperation. The viewpoint and system theory of universal connection are the philosophical basis of investigation and cooperation; the legal theory and legal provisions are the basis of the rule of law in investigation and cooperation; the sharp rise in the flow crime in the cross region and the characteristics of the current crime The current situation of investigation management system is the realistic foundation of investigation cooperation.
The second part examines the history and present situation of regional investigation cooperation in China, which consists of three contents. First, the history of regional investigation cooperation in China is investigated. The history of regional cooperation is investigated and understood comprehensively and objectively, so as to better understand its actual situation, make a rational prediction of its future development trend, and propose a rational prediction of its future development trend. Scientific suggestion. According to the clue of historical development, it is divided into three stages of investigation cooperation in ancient China, modern and new China. Secondly, it discusses the current situation of regional investigation cooperation in China. It discusses its operation situation in several aspects of investigation cooperation area, investigation cooperation and pursuit. In the end, it points out the existing problems in the cooperative operation of investigation, which mainly include: the serious local protectionism and the departmentalism; the consciousness of the investigation and cooperation is not strong and the understanding is not in place; the principle of absolute compensation in investigation cooperation hinders the operation of investigation cooperation; the mechanism of investigation cooperation is not sound; investigation is not perfect; investigation is not perfect; investigation and cooperation is not perfect; investigation and cooperation are not perfect; investigation and cooperation are not perfect; investigation and cooperation are not perfect; investigation and cooperation are not sound; investigation and cooperation are not perfect; investigation and cooperation are not sound; investigation and cooperation are not perfect; investigation and cooperation are not sound; investigation and cooperation are not perfect; investigation and cooperation are not perfect; investigation and cooperation are not sound; investigation and cooperation are not perfect; investigation and cooperation are not sound; investigation and cooperation are not perfect; investigation and cooperation are not sound; investigation The provision of cooperation responsibility is not thorough and the assessment is unscientific.
The third part: discussing the basic conception of constructing the regional investigation cooperation mechanism of the public security organs of our country, which consists of three contents. In the investigation and cooperation system, including the investigation system, the content of cooperation, the mode of cooperation, the cooperative organization and the individual's consciousness of the supervision of the investigation and cooperation, the mechanism plays a fundamental and fundamental role. The construction of investigation and cooperation mechanism is a long-term and complex system project, which is subject to the economic situation, the current system, the quality of the individual and so on. In this paper, the author puts forward the basic ideas from the following three aspects:
First, reform and perfect the investigation system and innovate the mode of investigation cooperation. Reform and perfect the investigation system must adhere to the gradual, scientific and reasonable principles. The concrete methods are as follows: ensuring the investigative organs to exercise the power of investigation independently and standardize the leadership of the party to the investigation organs. In order to build a pattern of criminal investigation for criminal investigation, the author states that the responsibility of all kinds of police must be clearly defined, the mechanism of multi police cooperation should be improved, and the integration of the departments with investigative power should be strengthened.
Secondly, it expounds the construction of strengthening the basic business of criminal investigation and the establishment of the information leading mechanism. The basic work of the public security is the important foundation of the criminal investigation, and the information is the key to the investigation work always mastering the initiative. It is necessary to strengthen the construction of information collection, analysis, research and service.
Finally, it expounds the construction of a comprehensive and multi-level regional investigation cooperation mechanism in detail. First, deepen the understanding of cooperation and cultivate the spirit of cooperation. It includes: abandoning the local protectionism and departmentalism, setting up the overall view of investigation cooperation, improving the quality of investigator, strengthening the material guarantee of investigation. Second, strengthening the investigation and cooperation organization. Construction of the team, perfect the content of investigation cooperation, standardize the operation procedure, strengthen the construction of the specialized agency for investigation and cooperation, establish the "liaison officer" system. Third, establish and improve the evaluation system of investigation cooperation and perfect the responsibility system. This is the important guarantee for the smooth operation of the regional investigation and cooperation mechanism. The nuclear system; the establishment of a complaint reporting system for investigation cooperation; the coordination responsibilities of the two parties should be clearly defined, and the accountability system should be established.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D631.2

【引证文献】