论“侦查技术”及其理论
发布时间：2018-07-29 11:32
【摘要】： “技术”无疑是当前侦查实践和侦查理论研究中最为热门的词汇之一。“技术”作为一个学术术语频繁地出现在侦查理论研究文献资料中，必然能够反映出理论研究人员对“技术”的认识和理解。所谓侦查理论中的“技术观念”正是指这些反映在侦查理论文字中，融入在侦查理论研究过程里的各种“认识和理解”。分析这种“技术观念”，不但可以让人们更理性地认识侦查中的技术问题，从而有利于建构更为合理的技术理论体系；还可能会在侦查理论研究方法上给人带来一些意想不到的启示。 目前，侦查理论中“技术观念”的现状，从普遍性和特殊性两个层次来看，主要表现为：首先，人们对普遍意义上的“技术”概念所指称的内容有不同的理解；其次，人们对普遍意义上的“技术”特点的理解，主要是从“目的性”出发推演出“合理性”和“科学性”，但其中“科学”属性的地位有待进一步确定；再次，人们对侦查这个特殊领域中的“技术”的特殊性没有开展集中的论述，人们仅仅可以从一些术语的前置性限定词的使用情况中得到一点相关的启示。 “侦查技术”是在总结现有各种相关术语优劣得失的基础上确定的，用来概念化“侦查理论中技术观念”这一范畴的专门术语。因此，“侦查技术”可定义为：在侦查程序中，侦查主体为达到侦查目的，针对侦查对象合理利用自己的技能、知识和掌握的物质工具的侦查实践过程。但无论“程序”、“主体”、“目的”还是“对象”都非“侦查技术”的本体内容，而仅仅是“侦查技术”特殊性的外部根源而已。“侦查技术”只是“侦查主体”和“侦查对象”的一个中介；因此，“侦查技术”的内部要素也仅仅是指定义中提到的“技能、知识和物质工具”；它们以一定的方式组合在一起形成了一类特殊的侦查实践过程。 “侦查技术”的三个要素各自都具有不同的成熟形态，不同形态的要素以侦查目的实现的合理性为原则组合在一起，就可以形成不同状态的“侦查技术”。不同形态的要素的组合，构成了“侦查技术”的本体，其组合方式、组合类型体现了“侦查技术”的内部结构。不同的“侦查技术”内部结构决定了不同的“侦查技术”功能状态。从历史的角度看，某个社会发展阶段中不同功能状态的“侦查技术”构成了该社会阶段“侦查技术”的整体；不同社会阶段的“侦查技术”整体状况则体现了“侦查技术”的历史结构。 无论人们对侦查作历史性的理解，还是对技术作过程性的理解，所得出的对“侦查技术”的理解仍然仅仅停留在一个较为抽象的水平；这只是一个可以用来判断侦查实践中哪些内容为“侦查技术”的标准。使用这个标准考查那些能够被称为“侦查技术”的侦查实践内容，我们可以发现：这些具体的“侦查技术”构成了一个元素繁多，结构复杂的体系。 “侦查技术”在不同的历史时期有着不同的形态。这种贯穿于历史的“侦查技术”形态变化，正好体现了新侦查技术逐渐取代旧侦查技术的技术发展过程。研究这个“侦查技术”发展过程，目的就在于揭示“侦查技术”发展的原理和模式。掌握了“侦查技术”发展的原理和模式，人们便可以更深刻地理解其发展历史，更深刻地理解主观能动性对“侦查技术”发展所起到的促进作用。 “侦查技术”不是孤立的社会存在，其运行的过程和形态必然受制于一定的外部条件。从抽象本质上讲，“侦查技术”的“运行”与“侦查技术”的“存在”是同一的，无论是抽象还是具体的侦查技术，其本身都是在三要素的结合的“运行”过程中才得以存在的。但是，“侦查技术”的“运行”，还可以是强调具体“侦查技术”主体将某一“侦查技术”运用于特定技术对象的具体过程。 在“侦查技术”赖以存在的“运行”过程中，“运行条件”的限定主要来自于两个方面，其一是来自物质世界客观运动规律；其二是来自社会世界的社会物质条件和主观价值取向。客观世界运动规律通过人们的感知和理解，可以有限地进入到人的知识领域，以经验知识、科学知识的形态影响着技术的具体形态；同时，在人们实施技术活动的过程中，客观世界运动规律又会通过技术效果的形式对技术形态进行限制和修正。而社会物质条件和主观价值取向等社会条件则决定了侦查资源的总体投入，社会法律、道德规范对“侦查技术”的限制，以及侦查主体具体状态对“侦查技术”运行形态的影响。这两个方面的“运行条件”共同决定着“侦查技术”的“运行状况”。 “侦查技术知识”是指人们对于“侦查技术”这种事物或现象的认识和理解的总和。“侦查技术知识”整体中并非只存在关于“事物或现象的特征、属性以及内在规律”的抽象知识，还包括有关于“使用的物质工具、操作的具体步骤等”具体的知识。这两种类型的知识显然属于不同的层次。第一种属于原理层次，第二种属于应用层次。 “侦查技术理论”理应被归于“侦查技术知识”的原理层次，，它是以研究“侦查技术”的“特征、属性以及内在规律”为目的的知识体系。“侦查技术理论”与其它侦查理论都具有揭示原理性问题的目的，它们之间核心的差别在于各自采取了不同的揭示方式；侦查技术理论仅仅是因其特有的“观察、思考和言说方式”独立地存在于侦查理论的体系之中。 “侦查技术理论研究”属于社会科学研究的范畴，在研究“侦查技术理论”的时候应该具有研究范式意识。同时，“侦查技术理论”只是“侦查理论”的一种形式或一个部分，在整个“侦查理论”研究中，都似乎应该具有一种研究范式意识。推而广之，作为人们对侦查这一事物和现象的认识和理解的总和，“侦查知识”的生产必然需要在借鉴社会科学一般研究范式的基础上形成自己的研究范式，方能够更好地实现理论创新，促进自身“科学革命”的完成。 “侦查技术理论研究”面临的各种问题可给人们带来如下重大启示：“侦查实践知识”是“侦查知识”的一个部分，主要是记载具体方法的经验性知识；“侦查实践知识”生产对于“深居学院”的理论研究工作者来说可能会“鞭长莫及”。而“侦查理论知识”的生产则涉及到许多理论研究的专门方法和传统以及专门的表达方式，这对于绝大多数侦查实践工作者又是比较陌生的。侦查机关及其研究机构可以在具体的实践工作中，重点对侦查破案的方法进行经验性的总结和创新；侦查理论研究群体则应该以更宽阔的视野，超脱于具体破案方法，着力于对“侦查”这一事物或现象进行理论性的研究。合理分工，加强合作，方能促进“侦查知识”生产的整体繁荣。
[Abstract]:"Technology" is undoubtedly one of the most popular words in the current investigation practice and investigation theory. "Technology", as an academic term, appears frequently in the literature of investigative theoretical research, which is bound to reflect the understanding and understanding of "technology" by theoretical researchers. It refers to all kinds of "knowledge and understanding" reflected in the investigation theory, and the analysis of this "technical concept" can not only make people understand the technical problems in the investigation more rationally, but also help to construct a more reasonable technical theory system; it may also be in the investigative theory research party. The law brings some unexpected revelations.
At present, the present situation of "technical concept" in the theory of investigation, from two levels of universality and particularity, is mainly shown as follows: first, people have different understanding of the contents of the concept of "technology" in universal meaning; secondly, people's understanding of "technology" in universal meaning is mainly from "purpose". The position of "rationality" and "science" is put forward, but the status of "science" needs to be further confirmed. Again, people have not concentrated on the particularity of "technology" in the special field of investigation. People can only get a little related starting from the use of prepositional words in some terms. Show.
"Investigation technology" is a special term defined on the basis of summarizing the advantages and disadvantages of various related terms, which is used to conceptualize the category of "technology concept in investigation theory". Therefore, "investigation technology" can be defined as: in the investigation procedure, the investigative subject is to achieve the purpose of detection and the rational use of its own techniques for the object of investigation. But no matter "procedure", "subject", "purpose" or "object", it is not the content of "investigation technology", but only the external source of the particularity of investigation technology. "Investigation technology" is only one of "investigative subject" and "investigative object". Therefore, the internal elements of "investigation technology" are only referred to in the definition of "skills, knowledge and material tools"; they are combined in a certain way to form a special process of investigation practice.
The three elements of "investigation technology" each have different mature forms, and the elements of different forms can form the "investigation technology" in different states. The combination of different forms of elements forms the noumenon of the "investigation technology", its combination mode and the combination type body. The internal structure of "investigation technology" is presented. The different internal structure of "investigation technology" determines the different functional state of "investigation technology". From a historical point of view, the "investigation technology" of different functional states in a social development stage constitutes the whole of the "investigation technique" in the social stage; the "detection" in different social stages is "detection". The overall situation of "checking technology" reflects the historical structure of "investigative technology".
Whether people understand the investigation historically or understand the process of technology, the understanding of the "investigation technology" is still only at a relatively abstract level; it is only a standard that can be used to judge what is the "investigation technology" in the investigation practice. We can find that these specific "investigation techniques" constitute a system of various elements and complex structures.
The "investigation technology" has different forms in different historical periods. This change in the form of "investigation technology", which runs through the history, reflects the technological development process of the new investigative technology gradually replacing the old investigation technology. The research of the development process of the "investigation technology" is to reveal the principle of the development of the "investigation technology" and the development of the investigation technology. Mode. Mastering the principle and mode of the development of investigation technology, people can understand the history of its development more deeply and understand the role of subjective initiative in the development of "investigation technology" more deeply.
"Investigation technology" is not an isolated social existence, the process and form of its operation must be subject to certain external conditions. From the abstract essence, the "operation" of "investigation technology" is the same as the "existence" of "investigation technology", whether it is abstract or specific detection technology, which itself is the combination of the three elements. However, the "operation" of "investigation technology" can also be a specific process of emphasizing the application of a specific "investigative technology" by the subject of specific "investigation technology" to a specific technical object.
In the "operation" process of "investigation technology", the limitation of "operating conditions" mainly comes from two aspects, one is the law of objective movement from the material world, the other is the social material conditions and subjective value orientation from the social world. The law of objective world movement can be limited through people's perception and understanding. In the field of human knowledge, the form of experience knowledge and scientific knowledge affects the specific form of technology. At the same time, in the process of implementing technical activities, the law of objective world movement will restrict and amend the technical form through the form of technical effect. Social conditions and subjective value orientation are the social conditions. It determines the overall input of investigation resources, the social law, the limitation of the moral norms on the "investigation technology" and the influence of the specific state of the investigative subject on the operation form of the "investigation technology". The "operating conditions" of these two aspects determine the "operation condition" of the "investigation technology".
"Investigation technical knowledge" refers to the sum of people's understanding and understanding of such things or phenomena as "investigation technology". "Investigation technical knowledge" is not only abstract knowledge about "the characteristics, attributes and inherent laws of things or phenomena", but also includes "the material tools used and the specific steps of operation." These two types of knowledge clearly belong to different levels. The first one belongs to the principle level and the second one belongs to the application level.
"Investigation technology theory" should be attributed to the principle level of "investigation technical knowledge". It is a knowledge system aimed at studying "characteristics, attributes and inherent laws of investigation technology". "Investigation technology theory" and other investigative theories have the purpose of revealing principle questions, and the difference in the core between them lies in each of them. Different methods of revelation have been taken, and the theory of investigation technology is independent of the system of investigation theory because of its unique "observation, thinking and way of speaking".
"Investigation technology theory research" belongs to the category of social science research. It should have research paradigm consciousness in the study of "investigation technology theory". At the same time, "investigation technology theory" is only a form or part of "investigation theory". In the whole "investigation theory" research, it seems to have a kind of research paradigm. As a sum total of people's understanding and understanding of the things and phenomena of investigation, the production of "investigation knowledge" is bound to form its own research paradigm on the basis of the general research paradigm of social science, so that it can better achieve theoretical innovation and promote the completion of the "scientific revolution" of itself.
The problems faced by the research on the theory of investigation technology can bring people the following important enlightenment: "investigation practice knowledge" is a part of "investigation knowledge", mainly the empirical knowledge that records concrete methods; "investigation practice knowledge" production may be a "whip" for the theoretical researchers of "deep living College". The production of theoretical knowledge of investigation involves a lot of special methods and traditions and special expressions of theoretical research, which is more strange to most investigative practitioners. The investigative organs and their research institutions can be used in concrete practical work, focusing on the methods of investigating and breaking the case. The investigation theory research group should take a wider field of vision, detached from the specific method of breaking the case, and focus on the theoretical study of the "investigation" or phenomenon. The rational division of labor and cooperation can promote the overall prosperity of the "investigation knowledge" production.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D918.2
本文编号：2152546
[Abstract]:"Technology" is undoubtedly one of the most popular words in the current investigation practice and investigation theory. "Technology", as an academic term, appears frequently in the literature of investigative theoretical research, which is bound to reflect the understanding and understanding of "technology" by theoretical researchers. It refers to all kinds of "knowledge and understanding" reflected in the investigation theory, and the analysis of this "technical concept" can not only make people understand the technical problems in the investigation more rationally, but also help to construct a more reasonable technical theory system; it may also be in the investigative theory research party. The law brings some unexpected revelations.
At present, the present situation of "technical concept" in the theory of investigation, from two levels of universality and particularity, is mainly shown as follows: first, people have different understanding of the contents of the concept of "technology" in universal meaning; secondly, people's understanding of "technology" in universal meaning is mainly from "purpose". The position of "rationality" and "science" is put forward, but the status of "science" needs to be further confirmed. Again, people have not concentrated on the particularity of "technology" in the special field of investigation. People can only get a little related starting from the use of prepositional words in some terms. Show.
"Investigation technology" is a special term defined on the basis of summarizing the advantages and disadvantages of various related terms, which is used to conceptualize the category of "technology concept in investigation theory". Therefore, "investigation technology" can be defined as: in the investigation procedure, the investigative subject is to achieve the purpose of detection and the rational use of its own techniques for the object of investigation. But no matter "procedure", "subject", "purpose" or "object", it is not the content of "investigation technology", but only the external source of the particularity of investigation technology. "Investigation technology" is only one of "investigative subject" and "investigative object". Therefore, the internal elements of "investigation technology" are only referred to in the definition of "skills, knowledge and material tools"; they are combined in a certain way to form a special process of investigation practice.
The three elements of "investigation technology" each have different mature forms, and the elements of different forms can form the "investigation technology" in different states. The combination of different forms of elements forms the noumenon of the "investigation technology", its combination mode and the combination type body. The internal structure of "investigation technology" is presented. The different internal structure of "investigation technology" determines the different functional state of "investigation technology". From a historical point of view, the "investigation technology" of different functional states in a social development stage constitutes the whole of the "investigation technique" in the social stage; the "detection" in different social stages is "detection". The overall situation of "checking technology" reflects the historical structure of "investigative technology".
Whether people understand the investigation historically or understand the process of technology, the understanding of the "investigation technology" is still only at a relatively abstract level; it is only a standard that can be used to judge what is the "investigation technology" in the investigation practice. We can find that these specific "investigation techniques" constitute a system of various elements and complex structures.
The "investigation technology" has different forms in different historical periods. This change in the form of "investigation technology", which runs through the history, reflects the technological development process of the new investigative technology gradually replacing the old investigation technology. The research of the development process of the "investigation technology" is to reveal the principle of the development of the "investigation technology" and the development of the investigation technology. Mode. Mastering the principle and mode of the development of investigation technology, people can understand the history of its development more deeply and understand the role of subjective initiative in the development of "investigation technology" more deeply.
"Investigation technology" is not an isolated social existence, the process and form of its operation must be subject to certain external conditions. From the abstract essence, the "operation" of "investigation technology" is the same as the "existence" of "investigation technology", whether it is abstract or specific detection technology, which itself is the combination of the three elements. However, the "operation" of "investigation technology" can also be a specific process of emphasizing the application of a specific "investigative technology" by the subject of specific "investigation technology" to a specific technical object.
In the "operation" process of "investigation technology", the limitation of "operating conditions" mainly comes from two aspects, one is the law of objective movement from the material world, the other is the social material conditions and subjective value orientation from the social world. The law of objective world movement can be limited through people's perception and understanding. In the field of human knowledge, the form of experience knowledge and scientific knowledge affects the specific form of technology. At the same time, in the process of implementing technical activities, the law of objective world movement will restrict and amend the technical form through the form of technical effect. Social conditions and subjective value orientation are the social conditions. It determines the overall input of investigation resources, the social law, the limitation of the moral norms on the "investigation technology" and the influence of the specific state of the investigative subject on the operation form of the "investigation technology". The "operating conditions" of these two aspects determine the "operation condition" of the "investigation technology".
"Investigation technical knowledge" refers to the sum of people's understanding and understanding of such things or phenomena as "investigation technology". "Investigation technical knowledge" is not only abstract knowledge about "the characteristics, attributes and inherent laws of things or phenomena", but also includes "the material tools used and the specific steps of operation." These two types of knowledge clearly belong to different levels. The first one belongs to the principle level and the second one belongs to the application level.
"Investigation technology theory" should be attributed to the principle level of "investigation technical knowledge". It is a knowledge system aimed at studying "characteristics, attributes and inherent laws of investigation technology". "Investigation technology theory" and other investigative theories have the purpose of revealing principle questions, and the difference in the core between them lies in each of them. Different methods of revelation have been taken, and the theory of investigation technology is independent of the system of investigation theory because of its unique "observation, thinking and way of speaking".
"Investigation technology theory research" belongs to the category of social science research. It should have research paradigm consciousness in the study of "investigation technology theory". At the same time, "investigation technology theory" is only a form or part of "investigation theory". In the whole "investigation theory" research, it seems to have a kind of research paradigm. As a sum total of people's understanding and understanding of the things and phenomena of investigation, the production of "investigation knowledge" is bound to form its own research paradigm on the basis of the general research paradigm of social science, so that it can better achieve theoretical innovation and promote the completion of the "scientific revolution" of itself.
The problems faced by the research on the theory of investigation technology can bring people the following important enlightenment: "investigation practice knowledge" is a part of "investigation knowledge", mainly the empirical knowledge that records concrete methods; "investigation practice knowledge" production may be a "whip" for the theoretical researchers of "deep living College". The production of theoretical knowledge of investigation involves a lot of special methods and traditions and special expressions of theoretical research, which is more strange to most investigative practitioners. The investigative organs and their research institutions can be used in concrete practical work, focusing on the methods of investigating and breaking the case. The investigation theory research group should take a wider field of vision, detached from the specific method of breaking the case, and focus on the theoretical study of the "investigation" or phenomenon. The rational division of labor and cooperation can promote the overall prosperity of the "investigation knowledge" production.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D918.2
【引证文献】
相关博士学位论文 前1条
1 蒋鹏飞;欺诈性侦查研究[D];南京师范大学;2013年
相关硕士学位论文 前1条
1 王圣虎;技术侦查措施理论与应用研究[D];西南政法大学;2012年
本文编号：2152546
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