附条件不起诉人民监督机制研究
发布时间：2018-11-17 08:18
【摘要】：本文从分析附条件不起诉试行中存在的问题特别是监督制约方面存在的问题出发,借鉴国外经验,结合我国实际,综合运用附条件不起诉、人民监督员制度、不起诉听证制度等方面的理论与实践经验，，分析了在附条件不起诉中引入人民监督员制度的必要性和可行性,进而提出了应当将附条件不起诉听证与人民监督员制度衔接起来的观点,论述了将附条件不起诉听证与人民监督员制度衔接的必要性和可行性,并提出了相应的具体设想。 第一部分,对附条件不起诉的理论和司法现状进行考察。重点分析了附条件不起诉试行中存在的问题特别是监督制约方面存在的问题,为人民监督员制度引入附条件不起诉奠定理论和现实基础。 第二部分,对附条件不起诉中引入人民监督员制度的必要性和可行性进行分析。附条件不起诉中引入人民监督员制度是解决外部监督瓶颈性问题的措施,是对“谁来监督监督者”质疑的回应,是法律的平等保护和公平公正的必然需求,是检察民主化发展的必然趋势,对于防止检察权滥用、提高检察机关执法公信力等具有重要意义。国外社会监督模式对于人民监督员制度引入附条件不起诉具有借鉴意义,人民监督员制度引入附条件不起诉在我国有比较坚实的实践基础和较为丰富的理论研究基础。 第三部分,对人民监督员制度与附条件不起诉听证的街接的必要性和可行性进行分析。单纯的人民监督员制度具有缺陷性。单纯的不起诉听证制度具有缺陷性。将人民监督员制度与附条件不起诉听证的街接,有利于保障当事人的程序参与权,实现程序公正：有利于防止人民监督员怠用或滥用监督权；有利于保障人民监督员了解、掌握情况,作出正确的监督决议。人民监督员制度与附条件不起诉听证制度有许多相似之处,在价值追求上具有一致性,在功能定位上具有相容性,在制度安排上具有可塑性.天然具有衔接之便利,能够优生一种外部的、刚性的、一体化的附条件不起诉事中监督制约机制。 第四部分,依据我国刑事诉讼发展的趋势,并结合我国国情,提出了人民监督员制度引入附条件不起诉的具体设想。重点论述了将附条件不起诉听证与人民监督员制度衔接起来的具体措施。
[Abstract]:Based on the analysis of the problems existing in the trial of conditional non-prosecution, especially the problems in supervision and restriction, and drawing on the experience of foreign countries, combined with the reality of our country, this paper comprehensively applies the system of conditional non-prosecution and people's supervisor. This paper analyzes the necessity and feasibility of introducing the people's Supervisor system in the conditional non-prosecution system, based on the theoretical and practical experience of the non-prosecution hearing system. Furthermore, this paper puts forward the view that the conditional non-prosecution hearing should be connected with the people's supervisor system, and discusses the necessity and feasibility of linking the conditional non-prosecution hearing with the people's supervisor system, and puts forward the corresponding concrete ideas. The first part investigates the theory and judicial status of non-prosecution under conditions. The problems existing in the trial of conditional non-prosecution, especially in the aspect of supervision and restriction, are analyzed in order to lay a theoretical and practical foundation for the introduction of conditional non-prosecution into the system of people's supervisors. The second part analyzes the necessity and feasibility of introducing the people's Supervisor system in conditional non-prosecution. The introduction of the people's Supervisor system in conditional non-prosecution is a measure to solve the bottleneck problem of external supervision, a response to the challenge of "who will supervise", and an inevitable demand for the equal protection of the law and the fairness and justice. It is an inevitable trend in the development of procuratorial democratization, which is of great significance for preventing the abuse of procuratorial power and improving the public trust of procuratorial organs in enforcing the law. The model of social supervision abroad has reference significance for the introduction of conditional non-prosecution in the system of people's supervisors, and the introduction of conditional non-prosecution of the system of people's supervisors in China has a relatively solid practical basis and a relatively rich theoretical research basis. The third part analyzes the necessity and feasibility of the people's Supervisor system and the non-prosecution hearing. The simple system of people's supervisors is flawed. The simple non-prosecution hearing system is flawed. Connecting the system of people's supervisors with the street with no prosecution and hearing is beneficial to the protection of the party's right to participate in the procedure and to the realization of procedural justice: it is helpful to prevent the people's supervisors from using or abusing their supervisory power; Help to ensure that people's supervisors understand, grasp the situation, and make a correct supervisory resolution. There are many similarities between the system of people's Supervisors and the system of non-prosecution hearing with conditions, which are consistent in the pursuit of value, compatible in function orientation, and flexible in the arrangement of system. Naturally, it is convenient to connect, and can give birth to an external, rigid and integrated mechanism of supervision and restriction in the case of non-prosecution. The fourth part, according to the development trend of criminal procedure in our country, and combined with the situation of our country, put forward the concrete idea that the people's Supervisor system introduces the conditional not to prosecute. The concrete measures to link the conditional non-prosecution hearing with the people's supervisor system are discussed emphatically.
【学位授予单位】：西南财经大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D925.2;D926.3
本文编号：2337105
[Abstract]:Based on the analysis of the problems existing in the trial of conditional non-prosecution, especially the problems in supervision and restriction, and drawing on the experience of foreign countries, combined with the reality of our country, this paper comprehensively applies the system of conditional non-prosecution and people's supervisor. This paper analyzes the necessity and feasibility of introducing the people's Supervisor system in the conditional non-prosecution system, based on the theoretical and practical experience of the non-prosecution hearing system. Furthermore, this paper puts forward the view that the conditional non-prosecution hearing should be connected with the people's supervisor system, and discusses the necessity and feasibility of linking the conditional non-prosecution hearing with the people's supervisor system, and puts forward the corresponding concrete ideas. The first part investigates the theory and judicial status of non-prosecution under conditions. The problems existing in the trial of conditional non-prosecution, especially in the aspect of supervision and restriction, are analyzed in order to lay a theoretical and practical foundation for the introduction of conditional non-prosecution into the system of people's supervisors. The second part analyzes the necessity and feasibility of introducing the people's Supervisor system in conditional non-prosecution. The introduction of the people's Supervisor system in conditional non-prosecution is a measure to solve the bottleneck problem of external supervision, a response to the challenge of "who will supervise", and an inevitable demand for the equal protection of the law and the fairness and justice. It is an inevitable trend in the development of procuratorial democratization, which is of great significance for preventing the abuse of procuratorial power and improving the public trust of procuratorial organs in enforcing the law. The model of social supervision abroad has reference significance for the introduction of conditional non-prosecution in the system of people's supervisors, and the introduction of conditional non-prosecution of the system of people's supervisors in China has a relatively solid practical basis and a relatively rich theoretical research basis. The third part analyzes the necessity and feasibility of the people's Supervisor system and the non-prosecution hearing. The simple system of people's supervisors is flawed. The simple non-prosecution hearing system is flawed. Connecting the system of people's supervisors with the street with no prosecution and hearing is beneficial to the protection of the party's right to participate in the procedure and to the realization of procedural justice: it is helpful to prevent the people's supervisors from using or abusing their supervisory power; Help to ensure that people's supervisors understand, grasp the situation, and make a correct supervisory resolution. There are many similarities between the system of people's Supervisors and the system of non-prosecution hearing with conditions, which are consistent in the pursuit of value, compatible in function orientation, and flexible in the arrangement of system. Naturally, it is convenient to connect, and can give birth to an external, rigid and integrated mechanism of supervision and restriction in the case of non-prosecution. The fourth part, according to the development trend of criminal procedure in our country, and combined with the situation of our country, put forward the concrete idea that the people's Supervisor system introduces the conditional not to prosecute. The concrete measures to link the conditional non-prosecution hearing with the people's supervisor system are discussed emphatically.
【学位授予单位】：西南财经大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D925.2;D926.3
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相关硕士学位论文 前2条
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2 唐宇驰;我国人民监督员制度研究[D];四川大学;2004年
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