论我国刑事悬赏制度的构建
发布时间：2019-06-04 21:19
【摘要】：随着社会的发展,犯罪日益复杂化、智能化,特别是进入上世纪90年代以来,各种恐怖组织、黑社会组织及其他犯罪集团等有组织犯罪越来越猖獗,引起世界各国的普遍重视。各国犯罪控制部门纷纷重拳出击,加大打击力度,千方百计缉拿罪大恶极的犯罪头目,其中一个行之有效的措施就是“刑事悬赏”。虽说刑事悬赏是没有办法的办法,也不是侦破案件的主要途径,但至少是一条有效途径。但在新中国成立后,在相当长的一个时期内,刑事悬赏在犯罪侦查中一直是禁区,无人涉足,极少运用。随着改革开放的深入,一些在计划经济时期隐藏的问题逐渐暴露,社会失业人口增加,收入差距拉大,境外犯罪团伙渗入,使得当前刑事犯罪出现了许多新情况、新问题,犯罪逐渐呈智能化、集团化,给犯罪侦查带来不小的难度。由此,在新的历史时期,刑事悬赏在犯罪侦查中的运用被重提,公安机关在侦破大案、要案中运用刑事悬赏也取得了很好的效果。遗憾的是,我国对刑事悬赏认识不充分,重视也不够,有关这方面的文献资料比较少,还没有形成一个比较完整的制度体系,为此笔者不揣浅见,提出一些具体设想,以期推动构建我国的刑事悬赏制度,使其真正成为打击犯罪的有力武器。 本文除导言和后记外,共分五章,约30,000字,其中注释3500字。 第一章是对刑事悬赏基本概念之比较诠释。笔者首先进行了刑事悬赏的概念界定,介绍了悬赏、悬赏广告、刑事悬赏三个相关概念。其次,通过区分刑事悬赏与悬赏广告、刑事悬赏与通缉令这两对容易混淆的概念,明确了刑事悬赏的基本特性。
[Abstract]:With the development of society, crime is becoming more and more complex and intelligent, especially since the 1990s, organized crime such as various terrorist organizations, triad organizations and other criminal groups has become more and more rampant, which has attracted the attention of all countries in the world. Crime control departments all over the world have punched hard, stepped up efforts to crack down on crime leaders, one of the effective measures is to offer a "criminal reward." Although there is no way to offer a criminal reward, nor is it the main way to detect a case, but it is at least an effective way. However, after the founding of the people's Republic of China, for a long time, the criminal reward has been a restricted area in the criminal investigation, no one dabbled in it, and rarely used it. With the deepening of reform and opening up, some hidden problems in the planned economy period have gradually been exposed, the number of unemployed people in society has increased, the income gap has widened, and the infiltration of foreign criminal gangs has led to many new situations and new problems in criminal crimes at present. Crime is gradually intelligent and collectivized, which brings a lot of difficulty to crime investigation. Therefore, in the new historical period, the use of criminal reward in criminal investigation has been reintroduced, and the use of criminal reward in major cases and important cases has also achieved good results. Unfortunately, our country is not fully aware of the criminal reward, and does not attach enough importance to it. The literature on this aspect is relatively few, and a relatively complete system has not yet been formed. For this reason, the author puts forward some concrete ideas. In order to promote the construction of the criminal reward system in our country, so that it can really become a powerful weapon to combat crime. In addition to the introduction and postscript, this paper is divided into five chapters, about 30000 words, of which notes are 3500 words. The first chapter is a comparative interpretation of the basic concept of criminal reward. First of all, the author defines the concept of criminal reward, and introduces three related concepts: reward, reward advertisement and criminal reward. Secondly, by distinguishing the two confusing concepts of criminal reward and reward advertisement, criminal reward and wanted notice, the basic characteristics of criminal reward are clarified.
【学位授予单位】：华东政法学院
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D925.2
[Abstract]:With the development of society, crime is becoming more and more complex and intelligent, especially since the 1990s, organized crime such as various terrorist organizations, triad organizations and other criminal groups has become more and more rampant, which has attracted the attention of all countries in the world. Crime control departments all over the world have punched hard, stepped up efforts to crack down on crime leaders, one of the effective measures is to offer a "criminal reward." Although there is no way to offer a criminal reward, nor is it the main way to detect a case, but it is at least an effective way. However, after the founding of the people's Republic of China, for a long time, the criminal reward has been a restricted area in the criminal investigation, no one dabbled in it, and rarely used it. With the deepening of reform and opening up, some hidden problems in the planned economy period have gradually been exposed, the number of unemployed people in society has increased, the income gap has widened, and the infiltration of foreign criminal gangs has led to many new situations and new problems in criminal crimes at present. Crime is gradually intelligent and collectivized, which brings a lot of difficulty to crime investigation. Therefore, in the new historical period, the use of criminal reward in criminal investigation has been reintroduced, and the use of criminal reward in major cases and important cases has also achieved good results. Unfortunately, our country is not fully aware of the criminal reward, and does not attach enough importance to it. The literature on this aspect is relatively few, and a relatively complete system has not yet been formed. For this reason, the author puts forward some concrete ideas. In order to promote the construction of the criminal reward system in our country, so that it can really become a powerful weapon to combat crime. In addition to the introduction and postscript, this paper is divided into five chapters, about 30000 words, of which notes are 3500 words. The first chapter is a comparative interpretation of the basic concept of criminal reward. First of all, the author defines the concept of criminal reward, and introduces three related concepts: reward, reward advertisement and criminal reward. Secondly, by distinguishing the two confusing concepts of criminal reward and reward advertisement, criminal reward and wanted notice, the basic characteristics of criminal reward are clarified.
【学位授予单位】：华东政法学院
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D925.2
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