论我国侦查监督制度的困境与完善

发布时间：2018-01-24 04:55

本文关键词： 侦查监督困境完善　出处：《内蒙古大学》2012年硕士论文　论文类型：学位论文

【摘要】：侦查监督是指人民检察院作为国家专门的法律监督机关,依法对侦查机关、侦查部门刑事侦查活动的合法性进行的监督,包括立案监督,审查逮捕,侦查活动监督三项职责。侦查监督对于保证侦查活动依法进行,切实保护公民的合法权益意义重大。英美法系和大陆法系国家侦查监督的特点是法官运用司法审查权制约侦查权,同时赋予了犯罪嫌疑人一系列重要的诉讼权利,利用权利来对抗侦查权,从而有效防止了侦查权的滥用。我国侦查监督权由检察机关行使,但是由于公安、检察机关之间是“互相配合、互相制约”的关系,检察机关缺乏应有的权威,监督软弱、乏力。侦查监督范围狭窄,强制性措施都没有纳入监督的范畴；当前主要通过书面审查的方式进行监督,这种事后、静态的监督很难发现问题；监督手段没有刚性,缺乏监督实效；检察机关自侦案件的监督属于自己监督自己,监督更是流于形式。鉴于我国侦查监督的现状以及存在的问题,应从以下一些方面加以完善：1、建立“互相配合、引导、控制侦查”的合理关系,2、扩大侦查监督的范围,3、建立刑事立案报备制度和跟踪监督制度,4强化侦查监督措施,建立检察令状制度,5、进一步完善检察机关自侦案件的侦查监督制度,应由上一级检察机关来监督,未来的趋势是取消自侦案件,回归监督本位。
[Abstract]:Investigation supervision means that the people's Procuratorate, as a special legal supervision organ of the state, supervises the legality of criminal investigation activities of investigation organs and investigation departments according to law, including filing supervision, examining and arresting. Investigation supervision is of great significance to ensure the investigation activities to be carried out according to law and to protect citizens' legitimate rights and interests. The characteristics of investigation supervision in Anglo-American law system and civil law system are that judges use the right of judicial review to restrict the power of investigation, and at the same time give criminal suspects a series of important litigation rights, and use their rights to confront the power of investigation. Thus effectively prevent the abuse of investigation power. The power of investigation and supervision in our country is exercised by the procuratorial organ, but the relationship between the public security and procuratorial organs is "cooperate and restrict each other", and the procuratorial organ lacks the proper authority and the supervision is weak. Weak. The scope of investigation and supervision is narrow, and the compulsory measures are not included in the scope of supervision; At present, the supervision is mainly carried out by the way of written examination. After this, it is difficult to find problems in the static supervision. The means of supervision is not rigid and lacks the actual effect of supervision; The supervision of procuratorial organs'self-investigation cases belongs to their own supervision, and supervision is a mere formality. In view of the present situation and existing problems of investigation supervision in our country, we should perfect the "1: 1" from the following aspects, establish a reasonable relationship of "mutual cooperation, guidance, and control of investigation" and expand the scope of investigation supervision. (3) to establish the system of criminal filing and reporting and the system of tracking and supervising. (4) to strengthen the measures of investigation and supervision, to establish the system of procuratorial writ, and to further improve the system of investigation and supervision of self-investigating cases by procuratorial organs. Should be supervised by the higher procuratorial organs, the future trend is to abolish self-detection cases and return to the supervision standard.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.3

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