试论我国公安侦查制度的改革与完善
发布时间：2019-01-04 16:49
【摘要】： 我国的侦查制度是在长期的实践中逐步形成的,它既不同于英美法系,也不同于大陆法系,具有独特的中国特色。随着我国政治文明和经济文明的发展,现行的侦查制度在司法改革和与国际先进的司法理念、制度接轨进程中,它的自身不足与缺陷日益凸显,需要从理论和实践两个方面加以研究和解决。 我国现行的侦查制度既有许多适合国情、科学合理之处,也有自身存在的不足,具体体现在:对侦查权监督制约不够,犯罪嫌疑人权利缺乏保障,侦查程序与庭审产生冲突,如实回答义务剥夺了犯罪嫌疑人自愿陈述的意志,违背证明责任原理以及非法证据排除规则不完善等缺陷。因此改革和完善我国现行侦查制度十分必要。 随着我国社会经济的发展和我国政治、司法体制改革的不断推进,同时,也是在与国际先进的司法理念、制度接轨的过程中,公民的人权保障意识逐步增强,程序法与实体法并重的呼声日益提高,司法公正已成为立法和执法追求的目标。公安侦查制度作为我国刑事诉讼的一个重要组成部分,改革和完善它的社会基础和舆论氛围已经形成,如箭在弦上,一触即发。 如何在现行法治下,既保证有效地揭露、证实犯罪,使用有限的司法资源确保犯罪分子受到应有的惩罚,又能够保障人权,使侦查活动尽可能地减少对当事人合法权利的侵害,并确保司法公正,这是改革追求的目标。侦查制度的改革和完善,可以通过立法(主要是刑事诉讼法)上的完善,建立对强制措施的司法审查制度,赋予犯罪嫌疑人沉默权,扩大律师在侦查阶段的诉讼权利,建立非法证据排除规则等手段,对公安侦查行为加以限制,使侦查活动在法律的框架之下活动。 对人权保护的加强、对程序正当的追求,不可避免地会加大诉讼的成本、降低侦查机关打击犯罪的效率。尽管侦查职权的限制会一定程度地削弱侦查能力,但这是侦查法治化必须付出的代价。除了立法上的完善外,公安机关还必须对配套机制加以完善,如加强公安机关的基础及信息化建设,构建社会治安防控体系和加强公安队伍的正规化建设等。只有我们的公安队伍树立了法治化观点,并建立了一整套科学与合理的机制,公安侦查制度的改革才能顺利地进行,改革的制度也才能得到切实地贯彻执行。
[Abstract]:The investigation system of our country is formed gradually in the long-term practice. It is different from the common law system and the civil law system, and has the unique Chinese characteristic. With the development of political civilization and economic civilization in China, the current investigation system in the judicial reform and with the international advanced judicial concept, the system in line with the process, its own shortcomings and defects are increasingly prominent. It needs to be studied and solved from two aspects: theory and practice. The current investigation system of our country not only has many suitable conditions, scientific and reasonable place, but also has its own shortcomings. It is embodied in the following aspects: insufficient supervision and restriction of investigation power, lack of protection of criminal suspect's rights, conflict between investigation procedure and trial, The obligation to answer truthfully deprives the criminal suspect of his will to make a voluntary statement, violates the principle of burden of proof and the imperfection of the rule of exclusion of illegal evidence. Therefore, it is necessary to reform and perfect our current investigation system. With the development of our country's social economy and the reform of our country's political and judicial system, at the same time, in the process of connecting with the international advanced judicial concept and system, the citizen's consciousness of protecting human rights is gradually strengthened. The appeal of procedural law and substantive law is increasing day by day, and judicial justice has become the goal of legislation and law enforcement. As an important part of our country's criminal procedure, the public security investigation system has formed its social foundation and public opinion atmosphere, such as the attack is imminent. How to ensure the effective disclosure and proof of crimes under the current rule of law, the use of limited judicial resources to ensure that criminals are duly punished, and the protection of human rights, so as to minimize the infringement of the legitimate rights of the parties involved in investigative activities, And ensure justice, which is the goal of the reform. The reform and perfection of the investigation system can, through the perfection of legislation (mainly criminal procedure law), establish a system of judicial review of coercive measures, endow suspects with the right to silence, and expand lawyers' litigation rights in the investigation stage. The establishment of illegal evidence exclusion rules and other means to limit the police investigation behavior, so that the investigation activities under the framework of the law. The strengthening of the protection of human rights and the pursuit of due process will inevitably increase the cost of litigation and reduce the efficiency of the investigation organs in cracking down on crime. Although the limitation of investigation authority will weaken the investigation ability to some extent, it is the price that investigation rule by law must pay. In addition to the perfection of legislation, the public security organs must also perfect the supporting mechanisms, such as strengthening the foundation and information construction of public security organs, constructing the system of prevention and control of public security and strengthening the regularization of the public security contingent, and so on. Only when our public security team sets up the viewpoint of rule by law and establishes a set of scientific and reasonable mechanism can the reform of the public security investigation system be carried out smoothly and the reformed system be carried out conscientiously.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D631.2
本文编号：2400542
[Abstract]:The investigation system of our country is formed gradually in the long-term practice. It is different from the common law system and the civil law system, and has the unique Chinese characteristic. With the development of political civilization and economic civilization in China, the current investigation system in the judicial reform and with the international advanced judicial concept, the system in line with the process, its own shortcomings and defects are increasingly prominent. It needs to be studied and solved from two aspects: theory and practice. The current investigation system of our country not only has many suitable conditions, scientific and reasonable place, but also has its own shortcomings. It is embodied in the following aspects: insufficient supervision and restriction of investigation power, lack of protection of criminal suspect's rights, conflict between investigation procedure and trial, The obligation to answer truthfully deprives the criminal suspect of his will to make a voluntary statement, violates the principle of burden of proof and the imperfection of the rule of exclusion of illegal evidence. Therefore, it is necessary to reform and perfect our current investigation system. With the development of our country's social economy and the reform of our country's political and judicial system, at the same time, in the process of connecting with the international advanced judicial concept and system, the citizen's consciousness of protecting human rights is gradually strengthened. The appeal of procedural law and substantive law is increasing day by day, and judicial justice has become the goal of legislation and law enforcement. As an important part of our country's criminal procedure, the public security investigation system has formed its social foundation and public opinion atmosphere, such as the attack is imminent. How to ensure the effective disclosure and proof of crimes under the current rule of law, the use of limited judicial resources to ensure that criminals are duly punished, and the protection of human rights, so as to minimize the infringement of the legitimate rights of the parties involved in investigative activities, And ensure justice, which is the goal of the reform. The reform and perfection of the investigation system can, through the perfection of legislation (mainly criminal procedure law), establish a system of judicial review of coercive measures, endow suspects with the right to silence, and expand lawyers' litigation rights in the investigation stage. The establishment of illegal evidence exclusion rules and other means to limit the police investigation behavior, so that the investigation activities under the framework of the law. The strengthening of the protection of human rights and the pursuit of due process will inevitably increase the cost of litigation and reduce the efficiency of the investigation organs in cracking down on crime. Although the limitation of investigation authority will weaken the investigation ability to some extent, it is the price that investigation rule by law must pay. In addition to the perfection of legislation, the public security organs must also perfect the supporting mechanisms, such as strengthening the foundation and information construction of public security organs, constructing the system of prevention and control of public security and strengthening the regularization of the public security contingent, and so on. Only when our public security team sets up the viewpoint of rule by law and establishes a set of scientific and reasonable mechanism can the reform of the public security investigation system be carried out smoothly and the reformed system be carried out conscientiously.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D631.2
【引证文献】
相关硕士学位论文 前2条
1 傅寅俊;论我国对抗式侦查程序的构建[D];浙江工商大学;2011年
2 魏宁;试论我国当前公安侦查制度的缺陷与完善[D];西北大学;2011年
，本文编号：2400542
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