刑事诉讼现场勘查实践中遇到的问题及改善途径
发布时间：2019-02-08 16:41
【摘要】：现场勘查被认为是全部刑事侦查工作中最关键的一个环节,而因为现场勘查工作量大、技术性要求高,这一环节往往也是最棘手最难处理好的。作为一个工作在侦查、勘查第一线的人民警察,我深知有效的现场勘查工作是刑事诉讼活动过程进展不可缺少的动力来源。现场勘查的质量和效率更是一国法制建设水平的标示。现场勘查的理论与实践联系极为密切,其发展也必然与社会现实紧密相连。目前中国社会的基本特征是在中国特色社会主义市场经济条件下构建法治社会与和谐社会。那么,现场勘查的发展也必须紧密结合这一情况。然而,由于各种主客观因素和历史遗留的意识问题的影响,近代以来我国刑事诉讼现场勘查状况不容乐观,现场勘查理论和实践都落后于世界发达国家。 本文在总结各大学者、专家观点的基础上,结合中国现场勘查现状及实践工作中遇到的问题,痛陈其不足,并进行理性分析,进而提出完善之策。本文分为刑事诉讼中现场勘查概述、实践中存在问题的思考、现场勘查亟待完善、现场勘查状况改善途径及结论五个部分。在概述部分对现场和现场勘查的科学界定进行了思考,并探寻了中国现场勘查的历史渊源和发展。在实践中存在的问题的思考部分,分析了现场勘查工作中现场保护、现场勘查、现场勘查记录及现场勘查主体几个方面的问题。在现场勘查亟待完善部分,分析了完善现场勘查的三点必要性:保障打击刑事犯罪和保护人权刑事诉讼价值目标的实现,适应逐步完善的刑事立法的必然要求,是侦查资源得到有效利用的保证。在现场勘查状况改善途径部分,针对实践问题,探讨了从加强现场保护、提高现场勘查效率、规范现场勘查记录及现场勘查主体问题的解决等角度进行改善的途径。 我国刑事案件现场勘查问题虽然在近年的法制建设呼声中得到一定的解决,相关理论的研究也有了一定的进展,但是还远远不够。本文试图通过对我国刑事诉讼现场勘查中的问题的阐释、现场勘查的完善途径的探讨,为广大现场勘查研究人员、实践工作者提供一个思考的平台。现场勘验工作的质量直接影响侦查的效率和成败,并在一定程度上影响到整个诉讼的效率和成败。要使现场勘查发挥其在刑事案件侦破工作中重要作用,就必须适应相关法律法规、制度体系的发展,树立新的理念,针对侦查实践中存在的现实问题,不断地完善各个方面。
[Abstract]:On-site investigation is considered to be the most critical link in the whole criminal investigation work, but because of the heavy workload and high technical requirements, this link is often the most difficult and difficult to deal with. As a people's police officer working on the front line of investigation and investigation, I know very well that effective on-the-spot investigation is an indispensable driving force for the progress of criminal proceedings. The quality and efficiency of site survey is a sign of the level of legal construction in a country. The theory and practice of site exploration are closely related, and its development is bound to be closely related to social reality. At present, the basic characteristic of Chinese society is to construct a society ruled by law and a harmonious society under the condition of socialist market economy with Chinese characteristics. So, the development of site survey also must combine this one circumstance closely. However, due to the influence of various subjective and objective factors and consciousness problems left over by history, the situation of on-site investigation of criminal proceedings in China since modern times is not optimistic, and the theory and practice of on-site exploration lag behind the developed countries in the world. On the basis of summing up the opinions of various scholars and experts, combined with the present situation of field survey in China and the problems encountered in practice, this paper makes a rational analysis and puts forward some perfect measures. This paper is divided into five parts: summary of scene investigation in criminal procedure, consideration of existing problems in practice, urgent improvement of scene exploration, ways to improve the situation of scene exploration and conclusion. In the part of summary, the author thinks about the scientific definition of site and field exploration, and probes into the historical origin and development of field exploration in China. In the part of thinking about the problems existing in practice, this paper analyzes the problems in the field protection, the record of the scene exploration and the main body of the field exploration. In the part of scene investigation that needs to be perfected urgently, this paper analyzes the three necessity of perfecting scene investigation: to ensure the realization of the value goal of cracking down on criminal crime and protecting human rights criminal procedure, and to adapt to the inevitable requirement of gradual perfection of criminal legislation. It is the guarantee of effective utilization of investigative resources. In the part of the way to improve the situation of on-site exploration, aiming at the practical problems, this paper probes into the ways to improve the situation from the aspects of strengthening field protection, improving the efficiency of on-the-spot exploration, standardizing the record of on-the-spot exploration and solving the problems of the main body of on-site exploration. Although the problem of on-site investigation of criminal cases in China has been solved in recent years in the voice of legal construction and the research of related theories has made some progress, it is far from enough. This paper attempts to provide a thinking platform for the vast number of researchers and practitioners through the explanation of the problems in the scene exploration of criminal proceedings in China and the discussion of the perfect ways of the on-site exploration. The quality of on-the-spot investigation directly affects the efficiency and success of investigation, and to some extent affects the efficiency and success of the whole lawsuit. In order to make the scene investigation play an important role in the detection of criminal cases, it is necessary to adapt to the development of relevant laws, regulations and systems, set up new ideas, and constantly perfect all aspects in view of the practical problems existing in the investigation practice.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D918.4
本文编号：2418562
[Abstract]:On-site investigation is considered to be the most critical link in the whole criminal investigation work, but because of the heavy workload and high technical requirements, this link is often the most difficult and difficult to deal with. As a people's police officer working on the front line of investigation and investigation, I know very well that effective on-the-spot investigation is an indispensable driving force for the progress of criminal proceedings. The quality and efficiency of site survey is a sign of the level of legal construction in a country. The theory and practice of site exploration are closely related, and its development is bound to be closely related to social reality. At present, the basic characteristic of Chinese society is to construct a society ruled by law and a harmonious society under the condition of socialist market economy with Chinese characteristics. So, the development of site survey also must combine this one circumstance closely. However, due to the influence of various subjective and objective factors and consciousness problems left over by history, the situation of on-site investigation of criminal proceedings in China since modern times is not optimistic, and the theory and practice of on-site exploration lag behind the developed countries in the world. On the basis of summing up the opinions of various scholars and experts, combined with the present situation of field survey in China and the problems encountered in practice, this paper makes a rational analysis and puts forward some perfect measures. This paper is divided into five parts: summary of scene investigation in criminal procedure, consideration of existing problems in practice, urgent improvement of scene exploration, ways to improve the situation of scene exploration and conclusion. In the part of summary, the author thinks about the scientific definition of site and field exploration, and probes into the historical origin and development of field exploration in China. In the part of thinking about the problems existing in practice, this paper analyzes the problems in the field protection, the record of the scene exploration and the main body of the field exploration. In the part of scene investigation that needs to be perfected urgently, this paper analyzes the three necessity of perfecting scene investigation: to ensure the realization of the value goal of cracking down on criminal crime and protecting human rights criminal procedure, and to adapt to the inevitable requirement of gradual perfection of criminal legislation. It is the guarantee of effective utilization of investigative resources. In the part of the way to improve the situation of on-site exploration, aiming at the practical problems, this paper probes into the ways to improve the situation from the aspects of strengthening field protection, improving the efficiency of on-the-spot exploration, standardizing the record of on-the-spot exploration and solving the problems of the main body of on-site exploration. Although the problem of on-site investigation of criminal cases in China has been solved in recent years in the voice of legal construction and the research of related theories has made some progress, it is far from enough. This paper attempts to provide a thinking platform for the vast number of researchers and practitioners through the explanation of the problems in the scene exploration of criminal proceedings in China and the discussion of the perfect ways of the on-site exploration. The quality of on-the-spot investigation directly affects the efficiency and success of investigation, and to some extent affects the efficiency and success of the whole lawsuit. In order to make the scene investigation play an important role in the detection of criminal cases, it is necessary to adapt to the development of relevant laws, regulations and systems, set up new ideas, and constantly perfect all aspects in view of the practical problems existing in the investigation practice.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D918.4
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相关期刊论文 前3条
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3 管光承;刑侦部门现场勘查率低的原因与对策[J];犯罪研究;2005年01期
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