关于某县人民检察院实行行贿犯罪档案查询制度的调研报告
发布时间：2019-01-02 18:50
【摘要】：行贿犯罪档案查询制度是为了预防和控制贿赂犯罪,发挥检察机关法律监督职能而由实务部门创设且得到最高司法机关认可推行的新制度。这项制度至今只实行了5年,在实践中存在不少局限。基于此,本文的目的在于对行贿犯罪档案查询制度运行的实际效果进行考察、评析和论证的基础上对行贿犯罪档案查询系统在实际运行中存在的问题提出解决方法。 本论文以某县人民检察院为调研对象,从其运行情况出发,以调研报告的形式探析行贿犯罪档案查询制度在实践中所取得的成效及存在的问题。本文分为引言、正文、结语三部分,共计约16000字。 其中正文部分分为四个部分: 第一部分主要是行贿犯罪档案查询制度具体适用情况。通过调研笔者发现某县人民检察院自2006年建立行贿犯罪档案系统以来行贿犯罪档案查询的数量逐年增加,查询涉及的领域也不断扩大,异地查询系统逐渐开通。此外,笔者还具体的调研了某县人民检察院开展行贿犯罪档案查询的具体流程,包括该系统本身的功能特征,查询申请的条件,录入,受理,登记反馈。 第二部分分析某县人民检察院建立行贿犯罪档案查询系统取得的成效。通过分析某县2007年到2010年查办的贪污贿赂犯罪案件,可以发现,该检察院在实行行贿犯罪档案查询制度的过程中贪污贿赂职务犯罪明显减少,笔者还惊喜的发现该系统为检察院反贪污贿赂部门提供了数据支持,提高了司法效率,节省了人力、物力。 第三部分笔者从应然性方面分析了行贿犯罪档案查询制度在实践中应该取得的成效。行贿犯罪档案查询系统首先应从源头上遏制贿赂犯罪,同时对潜在的职务犯罪和贿赂犯罪具有积极的警示和威慑效应。 第四部分分析某县人民检察院实行行贿犯罪档案查询制度面临的困境。行贿犯罪档案查询制度作为一种新制度毕竟在实践中才实行了短短的5年时间,故必然存在一定的问题。比如该制度的惩罚效能有可能增加受贿罪的侦查难度,社会各界对行贿犯罪档案查询的认识不足,缺乏强制性的规范。这些困境包括立法层面的也包括实践层面的,需要在实践中加以完善。 第五部分是本文的重点。主要从前面所阐述的内容中,着重论述行贿犯罪档案查询制度的完善。如完善行贿犯罪档案查询录入系统,扩大行贿犯罪档案查询的信息录入范围,扩大录入对象的范围,强化宣传公开,简化查询的步骤,完善相关立法等。
[Abstract]:The file inquiry system of bribery crime is a new system established by the practical department and approved by the highest judicial organ in order to prevent and control the bribery crime and give play to the legal supervision function of the procuratorial organ. The system has only been in operation for five years, and there are many limitations in practice. Based on this, the purpose of this paper is to investigate the actual effect of the file inquiry system of bribery crime, and on the basis of evaluation and demonstration, to put forward solutions to the problems existing in the actual operation of the file query system of bribery crime. This paper takes a county people's procuratorate as the research object, from its operation situation, with the form of investigation report to explore the bribery crime file inquiry system in practice achieved results and existing problems. This article is divided into introduction, text, conclusion three parts, a total of about 16000 words. The text is divided into four parts: the first part is mainly about the specific application of bribery crime file inquiry system. Through the investigation the author found that the people's Procuratorate of a county since the establishment of bribery crime file system in 2006 the number of bribery crime file inquiry increased year by year the inquiry related to the field is also expanding the inquiry system gradually opened. In addition, the author also investigated the specific process of a county people's procuratorate to carry out bribery file inquiry, including the system's own functional characteristics, query application conditions, input, acceptance, registration feedback. The second part analyzes the effectiveness of the establishment of bribery crime file query system by a county people's procuratorate. Through the analysis of corruption and bribery cases investigated from 2007 to 2010 in a county, it can be found that the procuratorate obviously reduced the crime of corruption and bribery in the course of carrying out the file inquiry system of bribery crimes. The author also surprised to find that the system provides data support for the anti-corruption and bribery department of the procuratorate, improves judicial efficiency and saves manpower and material resources. In the third part, the author analyzes the effect of bribery crime file inquiry system in practice. The file inquiry system of bribery crime should first contain bribery crime from the source, at the same time, it has positive warning and deterrent effect to potential duty crime and bribery crime. The fourth part analyzes the difficulties faced by the people's Procuratorate of a county in carrying out the file inquiry system of bribery crime. After all, as a new system, the file inquiry system of bribery crime has only been put into practice for a short period of 5 years, so there must be some problems. For example, the punishment efficiency of the system may increase the difficulty of bribery investigation, the public do not know enough about bribery crime file inquiry, lack of mandatory norms. These dilemmas, including legislative and practical aspects, need to be perfected in practice. The fifth part is the focus of this paper. Mainly from the content of the previous elaboration, focuses on bribery crime file inquiry system perfection. Such as improving the bribery crime file query input system, expanding the scope of bribery crime file query information input, expanding the scope of input object, strengthening publicity and publicity, simplifying the steps of inquiry, perfecting the relevant legislation and so on.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.3
[Abstract]:The file inquiry system of bribery crime is a new system established by the practical department and approved by the highest judicial organ in order to prevent and control the bribery crime and give play to the legal supervision function of the procuratorial organ. The system has only been in operation for five years, and there are many limitations in practice. Based on this, the purpose of this paper is to investigate the actual effect of the file inquiry system of bribery crime, and on the basis of evaluation and demonstration, to put forward solutions to the problems existing in the actual operation of the file query system of bribery crime. This paper takes a county people's procuratorate as the research object, from its operation situation, with the form of investigation report to explore the bribery crime file inquiry system in practice achieved results and existing problems. This article is divided into introduction, text, conclusion three parts, a total of about 16000 words. The text is divided into four parts: the first part is mainly about the specific application of bribery crime file inquiry system. Through the investigation the author found that the people's Procuratorate of a county since the establishment of bribery crime file system in 2006 the number of bribery crime file inquiry increased year by year the inquiry related to the field is also expanding the inquiry system gradually opened. In addition, the author also investigated the specific process of a county people's procuratorate to carry out bribery file inquiry, including the system's own functional characteristics, query application conditions, input, acceptance, registration feedback. The second part analyzes the effectiveness of the establishment of bribery crime file query system by a county people's procuratorate. Through the analysis of corruption and bribery cases investigated from 2007 to 2010 in a county, it can be found that the procuratorate obviously reduced the crime of corruption and bribery in the course of carrying out the file inquiry system of bribery crimes. The author also surprised to find that the system provides data support for the anti-corruption and bribery department of the procuratorate, improves judicial efficiency and saves manpower and material resources. In the third part, the author analyzes the effect of bribery crime file inquiry system in practice. The file inquiry system of bribery crime should first contain bribery crime from the source, at the same time, it has positive warning and deterrent effect to potential duty crime and bribery crime. The fourth part analyzes the difficulties faced by the people's Procuratorate of a county in carrying out the file inquiry system of bribery crime. After all, as a new system, the file inquiry system of bribery crime has only been put into practice for a short period of 5 years, so there must be some problems. For example, the punishment efficiency of the system may increase the difficulty of bribery investigation, the public do not know enough about bribery crime file inquiry, lack of mandatory norms. These dilemmas, including legislative and practical aspects, need to be perfected in practice. The fifth part is the focus of this paper. Mainly from the content of the previous elaboration, focuses on bribery crime file inquiry system perfection. Such as improving the bribery crime file query input system, expanding the scope of bribery crime file query information input, expanding the scope of input object, strengthening publicity and publicity, simplifying the steps of inquiry, perfecting the relevant legislation and so on.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.3
【参考文献】
相关期刊论文 前10条
1 陈玉霞;刘颖;;行贿犯罪档案查询制度探讨[J];福建论坛(人文社会科学版);2009年12期
2 马善记;"黑名单"的积极意义[J];w挛胖芸，
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