论新时期“一对一”贿赂犯罪案件的侦查
发布时间：2019-03-23 19:03
【摘要】： “一对一”贿赂是贿赂行为的一种，是指行贿人和受贿人双方通过某种方式达成默契，受贿人利用手中的权力和工作之便为行贿人谋取利益，行贿人在事前、事中或事后给受贿人好处，双方在没有第三人在场的情况下暗中进行交易的行为。 随着社会和经济的发展，“一对一”贿赂犯罪出现很多新情况，犯罪分子逃避侦查和反侦查能力明显增强，给侦查部门的反贪工作提出了新的更大的挑战。在新形势下，如何转变传统观念，全面掌握此类案件的特征，探索新形势下的“一对一”贿赂犯罪的侦查新思路，以精确有力地打击“一对一"贿赂犯罪，有效遏制“一对一”贿赂犯罪成为摆在侦查机关面前一道严峻的课题。 基于此，笔者就新时期“一对一”贿赂犯罪案件的侦查思路进行了探索，提出了“一对一”贿赂犯罪区别与普通贿赂犯罪的四大特征，指出了当前“一对一”贿赂犯罪侦查面临五大主要问题，即一是缺乏证人证言，证据的单一、狭窄性给侦查带来很大难度；二是犯罪手段的智能化及深度隐蔽性给侦查取证带来很大困难；三是侦技水平和理念的落后降低了侦查人员的办案能力；四是侦查技术的缺陷给案件的侦查带来阻碍；五是案源线索和信息的短缺严重制约了侦查工作的效率。针对这些难点，，为了能顺利侦破“一对一”贿赂犯罪案件，笔者从新时期“一对一”贿赂犯罪的侦查思路以及证据的收集两大方面入手，分析了侦查线索来源及突破口的选择，强调了侦查机关在办案时的注重点；因为口供在“一对一”贿赂犯罪案件中起到至关重要的作用，所以笔者重点分析了口供的收集，这是侦破此类案件的中心工作。在案件的侦查取证中，同时笔者强调了对间接证据的收集，正确收集和运用间接证据，往往会使案件出现“柳暗花明又一村”的转机。最后，笔者认为对当前“一对一”贿赂犯罪案件的侦查应从四方面进行完善，即完善我国技术侦查制度，加强“一对一”贿赂情报信息库的建设，加强侦查人员侦查能力建设和侦查装备建设以及加强侦查机关内部及各部门之间的协作。希望此文能对新时期“一对一”贿赂犯罪案件的侦查能有所助益。
[Abstract]:"one-to-one" bribery is a kind of bribery behavior, which refers to the tacit understanding between the bribe-taker and the bribe-taker in some way. The bribe-taker makes use of the power and work in his hand to gain the benefit of the bribe-giver, and the bribe-payer is in advance. The act of secretly trading without a third person in favor of the bribe-taker, either in the event or after the event. With the development of society and economy, the crime of "one-to-one" bribery has appeared many new situations, and the ability of criminals to evade investigation and counter-investigation has been enhanced obviously, which poses a new and greater challenge to the anti-corruption work of investigation department. Under the new situation, how to change the traditional concept, grasp the characteristics of such cases in an all-round way, explore a new way of investigation of "one-to-one" bribery crime under the new situation, so as to crack down on the "one-to-one" bribery crime accurately and forcefully. Effectively curb "one-to-one" bribery crime has become a serious issue in front of the investigation organs. Based on this, the author explores the investigation ideas of "one-to-one" bribery crime in the new period, and puts forward four characteristics of the difference between "one-to-one" bribery crime and ordinary bribery crime. This paper points out that the current "one-to-one" bribery crime investigation faces five major problems, that is, the lack of witness testimony, the single evidence, the narrow nature of the investigation to bring a lot of difficulty; Second, the intelligence and deep concealment of criminal means bring great difficulties to the investigation and evidence collection; thirdly, the backwardness of the level and concept of investigation techniques reduces the investigative personnel's ability to handle cases; fourth, the defects of investigation techniques bring obstacles to the investigation of cases; Fifth, the shortage of source clues and information seriously restricts the efficiency of investigation. Aiming at these difficulties, in order to solve the crime of "one-to-one" bribery successfully, the author analyzes the source of investigation clue and the choice of breakthrough point from two aspects of investigation train of thought and evidence collection of "one-to-one" bribery crime in the new period. Emphasis is placed on the key points of the investigation organs when dealing with the case. Because confessions play a vital role in one-to-one bribery cases, the author focuses on the collection of confessions, which is the central task in detecting such cases. In the investigation and evidence collection of cases, at the same time, the author emphasizes the collection of indirect evidence, the correct collection and use of indirect evidence, will often make the case "turn around but there is another village" turn around. Finally, the author thinks that the investigation of the current "one-to-one" bribery crime should be improved from four aspects, namely, perfecting the technical investigation system of our country, strengthening the construction of "one-to-one" bribe intelligence information base, Strengthen the investigation capacity construction and investigation equipment construction and strengthen the cooperation among investigation organs and departments. I hope this article can be helpful to the investigation of one-to-one bribery crime in the new period.
【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
本文编号：2446141
[Abstract]:"one-to-one" bribery is a kind of bribery behavior, which refers to the tacit understanding between the bribe-taker and the bribe-taker in some way. The bribe-taker makes use of the power and work in his hand to gain the benefit of the bribe-giver, and the bribe-payer is in advance. The act of secretly trading without a third person in favor of the bribe-taker, either in the event or after the event. With the development of society and economy, the crime of "one-to-one" bribery has appeared many new situations, and the ability of criminals to evade investigation and counter-investigation has been enhanced obviously, which poses a new and greater challenge to the anti-corruption work of investigation department. Under the new situation, how to change the traditional concept, grasp the characteristics of such cases in an all-round way, explore a new way of investigation of "one-to-one" bribery crime under the new situation, so as to crack down on the "one-to-one" bribery crime accurately and forcefully. Effectively curb "one-to-one" bribery crime has become a serious issue in front of the investigation organs. Based on this, the author explores the investigation ideas of "one-to-one" bribery crime in the new period, and puts forward four characteristics of the difference between "one-to-one" bribery crime and ordinary bribery crime. This paper points out that the current "one-to-one" bribery crime investigation faces five major problems, that is, the lack of witness testimony, the single evidence, the narrow nature of the investigation to bring a lot of difficulty; Second, the intelligence and deep concealment of criminal means bring great difficulties to the investigation and evidence collection; thirdly, the backwardness of the level and concept of investigation techniques reduces the investigative personnel's ability to handle cases; fourth, the defects of investigation techniques bring obstacles to the investigation of cases; Fifth, the shortage of source clues and information seriously restricts the efficiency of investigation. Aiming at these difficulties, in order to solve the crime of "one-to-one" bribery successfully, the author analyzes the source of investigation clue and the choice of breakthrough point from two aspects of investigation train of thought and evidence collection of "one-to-one" bribery crime in the new period. Emphasis is placed on the key points of the investigation organs when dealing with the case. Because confessions play a vital role in one-to-one bribery cases, the author focuses on the collection of confessions, which is the central task in detecting such cases. In the investigation and evidence collection of cases, at the same time, the author emphasizes the collection of indirect evidence, the correct collection and use of indirect evidence, will often make the case "turn around but there is another village" turn around. Finally, the author thinks that the investigation of the current "one-to-one" bribery crime should be improved from four aspects, namely, perfecting the technical investigation system of our country, strengthening the construction of "one-to-one" bribe intelligence information base, Strengthen the investigation capacity construction and investigation equipment construction and strengthen the cooperation among investigation organs and departments. I hope this article can be helpful to the investigation of one-to-one bribery crime in the new period.
【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
【引证文献】
相关期刊论文 前1条
1 张战胜;;论技术侦查措施在“一对一”贿赂犯罪案件中的适用[J];法制博览(中旬刊);2012年09期
本文编号：2446141
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