侦查效益基本问题探析
发布时间：2019-06-09 13:28
【摘要】： 讲求效益是一切活动的出发点和归宿。在社会主义市场经济条件下,作为社会活动中的侦查活动这一特殊行业受到政府和社会各界越来越多的关注,侦查机关开展侦查活动的本质同样是效益问题,其中包括经济效益和社会效益。而机关内部,侦查效益问题亦成为我国侦查机关各级领导者们的中心话题。在中国的刑事诉讼中,侦查是整个刑事诉讼程序的重心,是国家刑事诉讼成本投入最大的阶段,侦查阶段效益的高低决定了刑事诉讼整体效益的高低,因此,要提高刑事诉讼效益不在于简化本已简单的法庭审判程序,而在于提高侦查环节的效益。本文围绕侦查效益所涉及的基本问题,从侦查效益概念、侦查效益内涵、影响侦查效益的因素、侦查效益的基本原则、提高侦查效益的途径等五个方面作以探讨。 第一部分:围绕侦查效益的概念涉及的相关理论问题作以分析研究。首先指出什么是效益及其效益的一般经济理论知识,在此基础上阐述侦查效益的提起,并对学者对侦查效益概念的不同界定给与分析比较,然后分别对与侦查效益密切相关的效率、公正、效用、刑事诉讼效益等四个概念分析比较,阐明彼此间的关系。 第二部分:全面阐述了侦查效益的内涵,侦查效益主要包括侦查经济效益和侦查社会效益两个方面,并论述两者之间的辩证关系。对侦查经济效益的分析,就是要运用经济学(主要是微观经济学)的概念、理论和方法来探讨、研究侦查理论和实践问题,以期尽可能在侦查收益与侦查成本之间达到效果最佳的组合,实现侦查效益最大化这个终极目标;侦查社会效益是指侦查机关在实施侦查活动的过程中,合理利用有限的侦查资源,公正、高效地打击犯罪和犯罪嫌疑人,最大限度地提高社会公众的安全系数以及社会对于侦查工作给与的肯定性评价。必须始终把实现社会效益最大化放在第一位,在此基础上努力提高侦查经济效益,坚持社会效益优先,兼顾经济效益的原则,从大处着眼,小处着手,适时调整和处理好二者的关系。 第三部分:讲述的是影响侦查效益的因素。有两大版块构成,分别从侦查效益的两个构成要件——侦查成本和侦查收益两个方面来阐述。由于侦查活动面对的是复杂的犯罪客体,影响侦查工作开展的因素也是多方面的,注定影响侦查效益高低的因素也是多方面的,有偶然的因素,也有比然的因素;有客观的因素,也有主观的因素。本节从几个主要方面加以论述。第一版块是围绕对侦查成本的分析,从侦查体制、侦查主体、犯罪、法治建设、舆论供给五个方面分别阐述了对侦查成本影响;第二版块是围绕对侦查收益的分析,从侦查体制、侦查主体、犯罪、侦查方法四个方面分别阐述了对侦查收益的影响。 第四部分:主要阐述了提高侦查效益的三大基本原则。首先是迅速及时原则,侦查工作的开展是一项时机性很强的活动,这就要求侦查人员一定要抓紧时间,抓住战机。机不可失,时不再来,战机问题是侦查工作能否取得成功的重要因素,抓住了战机,侦查工作就取得了主动性,侦查工作整体效益的提高也就有了前提,有了条件;失去了战机,侦查工作必定要投入更大的侦查资源,在很大程度上就决定了侦查效益的低下。其次是侦查资源合理配置原则,首先从经济学的角度阐述了资源配置的基本理论问题,在此基础上指明了传统的侦查资源配置方式,并指出不合理的侦查资源配置对侦查效益提高的制约作用,以强调侦查资源合理配置的重要性,只有通过资源的计划和市场两种配置方式,最大可能地将有限的侦查资源给与合理的运用,以期达到理想的侦查收益效果。最后是论述了侦查活动兼顾公正和效率的原则。 第五部分:阐述的是提高侦查效益的基本途径问题。分别从完善侦查体制改革,加强侦查法治化建设、转变观念,向科技要效益、以人为本,专群结合,全面提升侦查队伍战斗力、加强侦查队伍建设,提高侦查人员的整体素质、摆正对犯罪的侦、控、防关系,建立变被动侦查为主动防控的长效机制、统筹个案业绩与可持续发展等六个方面着重论述,旨在为当前低下的侦查效益寻求可行的提高途径。
[Abstract]:The benefit is the starting point and the end-to-end of all activities. Under the condition of the socialist market economy, the special industry, which is the investigation activity in the social activity, is more and more concerned by the government and the society. The essence of the investigation activity is also the benefit problem, including the economic benefit and the social benefit. The problem of investigation and benefit has also become the central topic of the leaders at all levels of the investigative organs of our country. In the criminal procedure of China, the investigation is the center of the whole criminal procedure, which is the most important stage of the national criminal procedure, and the efficiency of the investigation stage determines the overall benefit of the criminal procedure, so, To improve the efficiency of the criminal procedure is not to simplify the trial procedure of the court, but to improve the efficiency of the investigation. The paper probes into five aspects, such as the concept of the investigation benefit, the connotation of the investigation benefit, the factors that affect the efficiency of the investigation, the basic principle of the investigation benefit, the way to improve the efficiency of the investigation, etc. The first part: the analysis of the relevant theoretical problems involved in the concept of the investigation benefit First of all, it is pointed out that the general economic theory of benefit and its benefit, on the basis of this, expounds the lifting of the investigation benefit, and gives an analysis and comparison of the different definition of the concept of the investigation benefit to the scholars, and then the efficiency and justice that are closely related to the investigation benefit, A comparison of four conceptual analyses, such as utility and criminal procedure benefit, to illustrate each other The second part: the connotation of the investigation benefit is fully set forth, the investigation benefit mainly includes two aspects of the investigation of the economic benefit and the investigation of the social benefit, and the discussion between the two. The analysis of the economic benefit of the investigation is to use the concept, theory and method of economics (mainly micro-economics) to discuss and study the theory and practice of investigation, with a view to achieving the effect as far as possible between the investigation income and the investigation cost. The best combination, to realize the ultimate goal of maximizing the investigation benefit; the investigation of the social benefit means that the investigative organ, in the course of carrying out the investigation activity, reasonably uses the limited investigative resources, just and efficiently combat the crime and The criminal suspect can improve the safety factor of the public and the society to the investigation work to the maximum extent The evaluation of the social benefit must always be put in the first place. On the basis of this, we should try to make efforts to improve the economic benefits of the investigation, to adhere to the principles of social and economic benefits, and to take into account the economic benefits. The relationship between the two. The third part: the shadow of the story The factors that respond to the benefit of the investigation. There are two major blocks, from the two constituent elements of the investigation benefit, the investigation cost and the investigation and collection, respectively. Because of the complex crime object in the face of the investigation activity, the factors that affect the investigation work are also various, the factors that are bound to affect the high and low of the investigation are also multi-dimensional, there are the factors of chance and the factors that are specific; there are objective factors There are also subjective factors. This section is derived from a few The first edition is about the analysis of the cost of investigation, from the investigation system, the main body of investigation, the crime, the construction of the rule of law and the supply of public opinion. The four aspects of the investigation main body, the crime and the investigation method are set forth separately The fourth part: the main expatiation of the improvement The three basic principles of the investigation and benefit are the rapid and timely principle, the development of the investigation work is a very high-time activity, which requires the investigators to In order to seize the time and seize the warplane, we will not be able to come again. The problem of the warplane is the important factor in the success of the investigation. The aircraft and the investigation work have gained the initiative, and the improvement of the overall efficiency of the investigation work is also provided. There are conditions; they have lost the warplane, and the investigation is bound to put in greater investigative resources, to a great extent Secondly, the basic theory of resource allocation is explained from the angle of economics, and the traditional method of investigation resource allocation is pointed out, and the unreasonable investigation resource allocation is pointed out. The limitation of the improvement of the investigation benefit is to emphasize the importance of the reasonable allocation of the investigation resources, and the limited investigative resources can be used to the reasonable use only through the planning of the resources and the market two kinds of configuration, with a view to To achieve the ideal result of the investigation. Finally, the investigation of the activity of the investigation is discussed. A principle of balance of justice and efficiency. Part V: set out It is a basic way to improve the efficiency of investigation. We should improve the reform of the investigation system, strengthen the management and construction of the investigation method, change the idea, provide the benefit to the science and technology, the people-oriented and the special group, improve the combat effectiveness of the investigation team, strengthen the construction of the investigation team and improve the investigation personnel. The overall quality, the investigation, control and the prevention of the crime, the long-term mechanism of the active prevention and control, the overall case performance and the sustainable development of the crime are discussed, and the aim is to lower the current situation.
【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】：D918;D925.2
本文编号：2495586
[Abstract]:The benefit is the starting point and the end-to-end of all activities. Under the condition of the socialist market economy, the special industry, which is the investigation activity in the social activity, is more and more concerned by the government and the society. The essence of the investigation activity is also the benefit problem, including the economic benefit and the social benefit. The problem of investigation and benefit has also become the central topic of the leaders at all levels of the investigative organs of our country. In the criminal procedure of China, the investigation is the center of the whole criminal procedure, which is the most important stage of the national criminal procedure, and the efficiency of the investigation stage determines the overall benefit of the criminal procedure, so, To improve the efficiency of the criminal procedure is not to simplify the trial procedure of the court, but to improve the efficiency of the investigation. The paper probes into five aspects, such as the concept of the investigation benefit, the connotation of the investigation benefit, the factors that affect the efficiency of the investigation, the basic principle of the investigation benefit, the way to improve the efficiency of the investigation, etc. The first part: the analysis of the relevant theoretical problems involved in the concept of the investigation benefit First of all, it is pointed out that the general economic theory of benefit and its benefit, on the basis of this, expounds the lifting of the investigation benefit, and gives an analysis and comparison of the different definition of the concept of the investigation benefit to the scholars, and then the efficiency and justice that are closely related to the investigation benefit, A comparison of four conceptual analyses, such as utility and criminal procedure benefit, to illustrate each other The second part: the connotation of the investigation benefit is fully set forth, the investigation benefit mainly includes two aspects of the investigation of the economic benefit and the investigation of the social benefit, and the discussion between the two. The analysis of the economic benefit of the investigation is to use the concept, theory and method of economics (mainly micro-economics) to discuss and study the theory and practice of investigation, with a view to achieving the effect as far as possible between the investigation income and the investigation cost. The best combination, to realize the ultimate goal of maximizing the investigation benefit; the investigation of the social benefit means that the investigative organ, in the course of carrying out the investigation activity, reasonably uses the limited investigative resources, just and efficiently combat the crime and The criminal suspect can improve the safety factor of the public and the society to the investigation work to the maximum extent The evaluation of the social benefit must always be put in the first place. On the basis of this, we should try to make efforts to improve the economic benefits of the investigation, to adhere to the principles of social and economic benefits, and to take into account the economic benefits. The relationship between the two. The third part: the shadow of the story The factors that respond to the benefit of the investigation. There are two major blocks, from the two constituent elements of the investigation benefit, the investigation cost and the investigation and collection, respectively. Because of the complex crime object in the face of the investigation activity, the factors that affect the investigation work are also various, the factors that are bound to affect the high and low of the investigation are also multi-dimensional, there are the factors of chance and the factors that are specific; there are objective factors There are also subjective factors. This section is derived from a few The first edition is about the analysis of the cost of investigation, from the investigation system, the main body of investigation, the crime, the construction of the rule of law and the supply of public opinion. The four aspects of the investigation main body, the crime and the investigation method are set forth separately The fourth part: the main expatiation of the improvement The three basic principles of the investigation and benefit are the rapid and timely principle, the development of the investigation work is a very high-time activity, which requires the investigators to In order to seize the time and seize the warplane, we will not be able to come again. The problem of the warplane is the important factor in the success of the investigation. The aircraft and the investigation work have gained the initiative, and the improvement of the overall efficiency of the investigation work is also provided. There are conditions; they have lost the warplane, and the investigation is bound to put in greater investigative resources, to a great extent Secondly, the basic theory of resource allocation is explained from the angle of economics, and the traditional method of investigation resource allocation is pointed out, and the unreasonable investigation resource allocation is pointed out. The limitation of the improvement of the investigation benefit is to emphasize the importance of the reasonable allocation of the investigation resources, and the limited investigative resources can be used to the reasonable use only through the planning of the resources and the market two kinds of configuration, with a view to To achieve the ideal result of the investigation. Finally, the investigation of the activity of the investigation is discussed. A principle of balance of justice and efficiency. Part V: set out It is a basic way to improve the efficiency of investigation. We should improve the reform of the investigation system, strengthen the management and construction of the investigation method, change the idea, provide the benefit to the science and technology, the people-oriented and the special group, improve the combat effectiveness of the investigation team, strengthen the construction of the investigation team and improve the investigation personnel. The overall quality, the investigation, control and the prevention of the crime, the long-term mechanism of the active prevention and control, the overall case performance and the sustainable development of the crime are discussed, and the aim is to lower the current situation.
【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】：D918;D925.2
【引证文献】
相关期刊论文 前1条
1 朱琳;;检察机关并案侦查权问题研究[J];齐齐哈尔师范高等专科学校学报;2011年02期
，本文编号：2495586
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