职务犯罪侦查检察官职业素质问题探析

发布时间：2018-03-04 03:20

本文选题：职务犯罪侦查　切入点：检察官　出处：《吉林大学》2011年硕士论文　论文类型：学位论文

【摘要】：在我国的反腐败格局中,检察机关对贪污贿赂、渎职侵权等职务犯罪进行刑事侦查的工作具有举足轻重的地位,此项工作开展的好坏直接关系到反腐败斗争的成效。而此项工作能否做好,能否达到反腐败的要求,职务犯罪侦查检察官的职业素质是一个决定性的因素。目前,我国理论界对职务犯罪侦查检察官职业素质问题关注不够,缺乏深入系统的研究,这非常不利于职务犯罪检察官职业素质的提升。因此,对职务犯罪侦查检察官的职业素质问题进行研究具有重大的理论价值和现实意义。本文从三个方面对职务犯罪侦查检察官的职业素质问题进行研究分析：一、职务犯罪侦查检察官职业素质的概念及构成。职务犯罪侦查检察官职业素质是指在一定生理和心理条件基础上,通过教育培训、职业实践、自我修炼等途径形成和发展起来的,在职务犯罪侦查业务活动中起决定性作用的、内在的、相对稳定的基本品质。其包括品德、知识、智力、能力、心理、身体等要素。职务犯罪侦查检察官职业素质具有一般职业素质内在性、稳定性、先天性、可考量性及发展性的特征,而与其它职业素质相比,又具有素质要求更高、发展速度较慢的特点。职务犯罪侦查检察官必备的职业素质包括六个方面：政治素质、道德素质、知识素质、能力素质、心理素质、身体素质。二、职务犯罪侦查检察官职业素质的现状及存在问题的原因。职务犯罪侦查检察官职业素质近年来整体有较大幅度提升,但仍然存在不容忽视的问题,阻碍了职务犯罪侦查工作的健康发展,损害了职务犯罪检察官的职业形象：一是部分职务犯罪侦查检察官缺乏应有的政治、道德素质；二是整体业务素质与职务犯罪侦查工作的发展需求有差距；三是部分职务犯罪侦查检察官存在不同程度心理障碍；四是职务犯罪侦查检察官的身体素质不容乐观。上述问题存在有六个方面的原因：一是职业道德的教育和管理监督不到位；二是初任检察官准入标准偏低；三是职务犯罪侦查检察官队伍不稳定；四是职业保障制度不完善；五是职业培训力度不够质量不高；六是未建立有效的素质评价、绩效评价制度。三、职务犯罪侦查检察官素质提高的途径和方法。职务犯罪侦查检察官职业素质的提高应从以下七个方面入手：一是建立完善职业准入相关制度；二是保持职务犯罪侦查检察官队伍相对稳定；三是强化和改进职业培训工作；四是建立完善素质、业绩评价制度；五是健全职业保障制度；六是建立检察官遴选制度；七是加强职业道德的教育和监督管理。
[Abstract]:In our country's anti-corruption pattern, procuratorial organs have a pivotal position in criminal investigation of crimes of corruption and bribery, malfeasance and tort. The quality of this work is directly related to the effectiveness of the anti-corruption struggle. Whether this work can be done well or not, and whether it can meet the requirements of anti-corruption, is a decisive factor in the professional quality of the prosecutors involved in the investigation of job-related crimes. At present, The theoretical circle of our country pays less attention to the professional quality of job-related crime investigation procurators, and lacks of deep and systematic research, which is very unfavorable to the promotion of the professional quality of job-related crime prosecutors. It is of great theoretical value and practical significance to study the professional quality of job-related crime investigation procurators. This paper studies and analyzes the professional quality of job-related crime investigation prosecutors from three aspects:. First, the concept and composition of the professional quality of job-related crime investigation procurators. The professional quality of job-related crime investigation procurators refers to the professional practice through education and training on the basis of certain physiological and psychological conditions. Formed and developed by the means of self-cultivation and playing a decisive role in the professional activities of duty crime investigation, internal and relatively stable basic qualities, including moral character, knowledge, intelligence, ability, psychology, The professional quality of job-related crime investigation procurators has the characteristics of general professional quality, inherent, stable, congenital, measurable and developmental, and has higher quality requirements than other professional qualities. The necessary professional quality of the procurator of duty crime investigation includes six aspects: political quality, moral quality, knowledge quality, ability quality, psychological quality, physical quality. Second, the present situation of the professional quality of job-related crime investigation prosecutors and the reasons for the existing problems. The professional quality of job-related crime investigation prosecutors has been greatly improved in recent years, but there are still problems that can not be ignored. It hinders the healthy development of job-related crime investigation and damages the professional image of job-related crime prosecutors: first, some job-related crime investigation prosecutors lack due political and moral quality; Second, there is a gap between the overall professional quality and the development needs of the investigation of job-related crimes, and the third is that some prosecutors of the investigation of job-related crimes have different degrees of psychological obstacles. There are six reasons for the above problems: first, the education of professional ethics and supervision of management are not in place; Third, the contingent of job-related crime investigation prosecutors is unstable; fourth, the occupational security system is not perfect; fifthly, the quality of vocational training is not high enough; sixth, the effective quality evaluation and performance evaluation system have not been established. Thirdly, the ways and methods of improving the quality of the procurator of duty crime investigation. The improvement of the professional quality of the procurator of duty crime investigation should start from the following seven aspects: first, to establish and perfect the relevant system of professional admittance; The second is to maintain the relative stability of the contingent of prosecutors involved in the investigation of job-related crimes, the third is to strengthen and improve the work of vocational training, the fourth is to establish a perfect quality and performance evaluation system, the fifth is to improve the system of job security, and the sixth is to establish a system for the selection of prosecutors; Seventh, strengthen the education of professional ethics and supervision and management.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.3

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