论反贪侦查中的犯罪嫌疑人人权保障

发布时间：2018-07-29 19:23

【摘要】：人权的实现受到各方面因素的影响,其中最大的威胁来自于国家公权力的行使,有效防止国家公权力的滥用,就成为了人权保障的重要环节。从贪贿类犯罪侦查角度看,国家工作人员利用职务便利所实施的犯罪是滥用国家权力的典型形态,检察机关行使侦查权体现了对国家权力的法律监督,以保证国家权力正常行使,但由于我国长期受到重打击、轻保护的法律观念和刑事政策的影响,对犯罪嫌疑人权益保障重视不足,对犯罪嫌疑人权益保障的法律规定更是落后于当今世界的法治发展水平,检察机关对犯罪嫌疑人权益侵害的事实屡禁不止,时有发生,刑讯逼供、超期羁押、法律帮助权的不完善、滥用强制措施等一系列的问题给我国犯罪嫌疑人权益保障带来了巨大的挑战。对犯罪嫌疑人人权的保障是衡量一个国家刑事诉讼法律制度文明、进步的重要标准。刑事诉讼的价值是惩罚犯罪和保障人权。如何协调好惩罚职务犯罪与保障犯罪嫌疑人人权二者之间的关系,做到既能保障检察侦查权的顺利实施,又能保护犯罪嫌疑人的合法权益,是民主、法治建设和人权保障事业所共同面临的现实问题。修改后的《刑事诉讼法》确立了“国家尊重和保障人权”的原则,以人为本,尊重和保障人权成为了当今时代和社会的主旋律,成为了法律所崇尚的价值,也成为了整个立法、司法、执法、守法的运行基础。笔者认为尊重和保障人权是法律人的天职,更是检察官的神圣使命。在当代中国,我们应立足于法律至上、权利本位、公平公正、利益平衡相结合的法律理念和精神,以人为本,以法治为基础,以人权保障为内核,控制、制约、监督检察机关及其权力的行使,防止反贪侦查权的滥用、误用、擅断,最大限度地保障犯罪嫌疑人的人权。在现实中,行使反贪侦查权,要树立法治观念,强化正当程序观念,改变诉讼观念,强化权利意识和人权保障理念,以上述这些科学的、人性化的理念为指导,真正实现对犯罪嫌疑人人权的保障。本论文以反贪侦查为视角,较为系统地探讨了犯罪嫌疑人人权保障与检察侦查权的内在关系。第一章对反贪侦查的概念、特点以及犯罪嫌疑人人权的法律依据和人权保障范围作了概述。第二章结合当前我国的司法实践分析、例举了犯罪嫌疑人人权保障的现状及其中存在的问题,并结合修改后的《刑事诉讼法》对现有刑事诉讼模式下反贪侦查中犯罪嫌疑人人权保障的完善进行了理性思考。第三章笔者结合自己工作经验,对当前反贪侦查中侦查理念、超期羁押、检察机关内部监督、全程同步录音录像制度以及人民监督员制度的完善提出了一些构想。
[Abstract]:The realization of human rights is affected by various factors, among which the greatest threat comes from the exercise of the public power of the state, and the effective prevention of the abuse of the public power of the state becomes an important link in the protection of human rights. From the angle of investigating crimes of corruption and bribery, the crimes committed by state functionaries by taking advantage of their duties are typical forms of abuse of state power. The exercise of investigation power by procuratorial organs reflects the legal supervision of state power. In order to ensure the normal exercise of state power, however, due to the fact that our country has been under heavy attack for a long time and neglected the influence of the legal concept and criminal policy of protection, we have not paid enough attention to the protection of the rights and interests of criminal suspects. The legal provisions on the protection of the rights and interests of criminal suspects lag behind the level of the development of the rule of law in the world today. The fact that the procuratorial organs infringe on the rights and interests of criminal suspects is not prohibited. It happens from time to time, extorting confessions by torture, and detaining them for extended periods of time. The imperfection of the right of legal aid and the abuse of coercive measures have brought great challenges to the protection of the rights and interests of criminal suspects in our country. The protection of criminal suspects' human rights is an important standard to measure the civilization and progress of a country's criminal procedure legal system. The value of criminal proceedings is the punishment of crime and the protection of human rights. How to coordinate the relationship between punishing job-related crimes and safeguarding the human rights of criminal suspects, so as to ensure the smooth implementation of procuratorial investigation rights and protect the legitimate rights and interests of criminal suspects is democracy. The construction of the rule of law and the cause of human rights protection are facing common practical problems. The revised Criminal procedure Law establishes the principle of "the state respects and protects human rights." People-oriented, respecting and protecting human rights has become the main theme of the times and society, has become the value of the law, and has become the whole legislation. The operation foundation of judicature, law enforcement and law-abiding. The author thinks that respecting and protecting human rights is the duty of the legal person and the sacred mission of the prosecutor. In contemporary China, we should base ourselves on the legal idea and spirit of law supremacy, right standard, fairness and justice, balance of interests, people-oriented, rule of law as the foundation, human rights guarantee as the core, control and restriction. To supervise the exercise of procuratorial organs and their powers, to prevent the abuse, misuse and arbitrariness of anti-corruption investigation power, and to protect the human rights of criminal suspects to the maximum extent. In reality, in order to exercise the right of anti-corruption investigation, we should establish the concept of rule of law, strengthen the concept of due process, change the concept of litigation, strengthen the consciousness of rights and human rights protection, and take these scientific and humanized ideas as the guidance. The protection of the human rights of criminal suspects is truly realized. From the perspective of anti-corruption investigation, this paper systematically discusses the inherent relationship between human rights protection of criminal suspects and procuratorial investigation right. The first chapter summarizes the concept and characteristics of anti-corruption investigation as well as the legal basis and the scope of human rights protection of suspects. The second chapter gives an example of the current situation of human rights protection of criminal suspects and the existing problems in combination with the analysis of the current judicial practice in our country. Combining with the revised Criminal procedure Law, this paper makes a rational thinking on the perfection of the human rights protection of criminal suspects in anti-corruption investigation under the existing criminal procedure mode. In the third chapter, combining with my own work experience, the author puts forward some ideas on the perfection of investigation concept, extended detention, internal supervision of procuratorial organs, the whole process synchronous audio and video recording system and the people's supervisor system in the current anti-corruption investigation.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D925.2;D926.3

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