中国军队侦查运行机制演进与完善

发布时间：2019-01-20 11:50

【摘要】：中国军队的侦查职能由中国人民解放军总政治部保卫部及各军种保卫部门行使，以中华人民共和国法律法规和军事法规为依据，一方面履行专政职能，防范和打击间谍、敌对分子及军队内部犯罪分子对军队的破坏活动；另一方面履行保护军人民主权利和合法权益的职能，维护军队内部的安定团结。中国军队侦查运行机制是随着军队建立、发展而逐步成长完善的，现行中国军队保卫部门的侦查职能是对外严防敌对分子对国家和军队的破坏活动，对内行使军队内部刑事案件的侦查和预审的职权。随着国家法治的不断完善，相关法律及军事法规的出台，军队侦查运行机制也逐步走上了规范化、法治化的道路，与军事检察院、军事法院形成了科学统一的军事司法体系。但是由于侦查运行机制近半个世纪以来基本没有变化，其机制上的固有缺陷导致现行军队的侦查工作在实践中无法很好的应对新的形势任务，主要表现在侦查机构的职能削弱、侦查权行使不独立和保卫部门侦查技术落后等方面。本文从侦查机构和侦查权行使的角度，分四章对中国军队侦查运行机制进行研究。第一章论述中国军队侦查运行机制的演进，，从历史演进的角度解决军队侦查是什么的问题；第二章评述中国军队现行侦查运行机制，发现中国军队侦查工作问题所在；第三章比较研究美国军队侦查运行机制，从横向的角度拓展视野，借鉴别国好的做法；第四章在前三章的的研究基础上，笔者从侦查机构的设置和侦查权行使的角度对完善中国军队侦查运行机制进行一些思考。
[Abstract]:The investigation functions of the Chinese armed forces shall be exercised by the General political Department of the Chinese people's Liberation Army and the security departments of the various branches of the armed forces, and shall be based on the laws and regulations of the people's Republic of China and military regulations. On the one hand, they shall perform the functions of dictatorship and guard against and crack down on spies. Sabotage of the army by hostile elements and criminals within the armed forces; On the other hand, to protect the democratic rights and legitimate rights and interests of military personnel, to maintain stability and unity within the army. With the establishment and development of the military, the operational mechanism of investigation in the Chinese armed forces has gradually grown and improved. At present, the investigation function of the Chinese military security department is to strictly guard against the sabotage activities of the hostile elements to the state and the armed forces. It shall exercise the powers of investigation and preliminary examination of internal criminal cases in the armed forces. With the continuous improvement of the country's rule of law and the introduction of relevant laws and military regulations, the operational mechanism of military investigation has gradually taken the road of standardization and rule of law, and has formed a scientific and unified military judicial system with military procuratorates and military courts. However, since the operational mechanism of investigation has basically not changed in the past half century, the inherent defects in its mechanism have led to the inability of the current military investigation work to deal with the new situation in practice, which is mainly manifested in the weakening of the functions of the investigative organs. The power of investigation is not independent and the investigation technology of the security department is backward and so on. From the angle of investigation organization and the exercise of investigation power, this paper studies the operational mechanism of Chinese military investigation in four chapters. The first chapter discusses the evolution of the operational mechanism of Chinese military investigation, from the perspective of historical evolution, solves the problem of what the military investigation is, the second chapter reviews the current operational mechanism of Chinese military investigation, and finds out the problems of the Chinese military investigation work. The third chapter makes a comparative study on the operational mechanism of American military investigation, expands the horizon from the horizontal angle, and draws lessons from the good practices of other countries. The fourth chapter is based on the research of the first three chapters. From the angle of the establishment of investigation organization and the exercise of investigation power, the author makes some thoughts on how to perfect the operational mechanism of Chinese military investigation.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：E266;D925.2

【共引文献】