犯罪现场重建理论研究
发布时间：2018-11-09 14:09
【摘要】： 刑事诉讼活动所要解决的中心问题是:有无犯罪事实?所指控的罪行是否是犯罪嫌疑人或被告人所为?依法要不要惩罚犯罪人以及应当给予何种惩罚?犯罪现场重建通过对犯罪证据的合法提取以及科学分析,构建完整的、或部分完整的证据锁链,证明犯罪行为过程,证明为法律所否定的行为事实是否存在,以及这个事实是否为犯罪嫌疑人或被告人所为。 本文围绕犯罪现场重建的相关问题,共分四部分进行论述: 首先,通过梳理国内外对犯罪现场重建概念的探讨,界定犯罪现场重建的概念,并对几个相关概念,如现场勘查、现场分析、勘验和鉴定、以及犯罪画像与犯罪现场重建的关系进行辨析,指出犯罪现场重建的功能不仅限于侦查阶段的查明案件事实,在证明案件事实过程中也起到至关重要的作用。 其次,通过分析其理论渊源、应遵循的原则、以及重建限度的问题,构建犯罪现场重建的理论体系:它以洛卡尔物质交换原理对物证的分析判断为基础,充分考虑犯罪信息的变化因素,遵循证据裁判原则、程序法定原则、和科学性原则,对犯罪行为过程的原因和结果进行逆向解释。 第三,通过分析犯罪现场重建的功能和价值,指出其作为刑事诉讼实践中一种查明和证明案件事实的方法,具有能够有效地解决揭露和惩罚犯罪、保障无罪公民不受刑事追究的能力,而且能够实现和维护刑事诉讼所追求的基本价值,即实体公正和程序公正。 最后,通过分析犯罪现场重建的刑事诉讼立法及制度规范的必要性,对其制度完善提出自己的建议和设想,为建立犯罪现场重建的程序规范和技术规则提供法律依据,使重建工作最终走向规范化、程序化和制度化。
[Abstract]:The central question to be solved in criminal proceedings is: are there criminal facts? Is the alleged offence committed by the suspect or the accused? Should the offender be punished according to the law and what punishment should be imposed? Crime scene reconstruction through the legal extraction and scientific analysis of criminal evidence, constructing a complete, or partially complete chain of evidence, proving the criminal process, proving the existence of the act facts denied by the law, And whether this fact was committed by a suspect or defendant. This paper focuses on the related problems of crime scene reconstruction, which is divided into four parts: first, through combing the domestic and foreign discussion on the concept of crime scene reconstruction, define the concept of crime scene reconstruction, and several related concepts. Such as scene investigation, scene analysis, investigation and identification, and the relationship between the crime portrait and the crime scene reconstruction, it is pointed out that the function of the crime scene reconstruction is not limited to the investigation stage to find out the facts of the case, It also plays a vital role in proving the facts of the case. Secondly, the theoretical system of crime scene reconstruction is constructed by analyzing its theoretical origin, the principles to be followed and the problem of the limit of reconstruction. It is based on the analysis and judgment of material evidence based on the principle of material exchange of Lokar. Considering the changing factors of criminal information, following the principle of evidence adjudication, the principle of legal procedure, and the principle of science, the causes and results of the process of criminal behavior are interpreted in reverse. Thirdly, by analyzing the function and value of crime scene reconstruction, it is pointed out that as a method to identify and prove the facts of the case in the practice of criminal procedure, it can effectively solve the problem of exposing and punishing the crime. The ability to protect innocent citizens from criminal prosecution and to realize and maintain the basic value of criminal procedure, namely substantive justice and procedural justice, is guaranteed. Finally, through the analysis of the necessity of criminal procedure legislation and system norms of crime scene reconstruction, the author puts forward his own suggestions and ideas for the perfection of the system, and provides the legal basis for the establishment of the procedure and technical rules for the reconstruction of the crime scene. Finally, the reconstruction work should be standardized, programmed and institutionalized.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D918.4
本文编号：2320640
[Abstract]:The central question to be solved in criminal proceedings is: are there criminal facts? Is the alleged offence committed by the suspect or the accused? Should the offender be punished according to the law and what punishment should be imposed? Crime scene reconstruction through the legal extraction and scientific analysis of criminal evidence, constructing a complete, or partially complete chain of evidence, proving the criminal process, proving the existence of the act facts denied by the law, And whether this fact was committed by a suspect or defendant. This paper focuses on the related problems of crime scene reconstruction, which is divided into four parts: first, through combing the domestic and foreign discussion on the concept of crime scene reconstruction, define the concept of crime scene reconstruction, and several related concepts. Such as scene investigation, scene analysis, investigation and identification, and the relationship between the crime portrait and the crime scene reconstruction, it is pointed out that the function of the crime scene reconstruction is not limited to the investigation stage to find out the facts of the case, It also plays a vital role in proving the facts of the case. Secondly, the theoretical system of crime scene reconstruction is constructed by analyzing its theoretical origin, the principles to be followed and the problem of the limit of reconstruction. It is based on the analysis and judgment of material evidence based on the principle of material exchange of Lokar. Considering the changing factors of criminal information, following the principle of evidence adjudication, the principle of legal procedure, and the principle of science, the causes and results of the process of criminal behavior are interpreted in reverse. Thirdly, by analyzing the function and value of crime scene reconstruction, it is pointed out that as a method to identify and prove the facts of the case in the practice of criminal procedure, it can effectively solve the problem of exposing and punishing the crime. The ability to protect innocent citizens from criminal prosecution and to realize and maintain the basic value of criminal procedure, namely substantive justice and procedural justice, is guaranteed. Finally, through the analysis of the necessity of criminal procedure legislation and system norms of crime scene reconstruction, the author puts forward his own suggestions and ideas for the perfection of the system, and provides the legal basis for the establishment of the procedure and technical rules for the reconstruction of the crime scene. Finally, the reconstruction work should be standardized, programmed and institutionalized.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D918.4
【引证文献】
相关硕士学位论文 前1条
1 王富斌;犯罪现场重建问题研究[D];甘肃政法学院;2011年
，本文编号：2320640
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