检察机关司法警察职权法定化研究

发布时间：2019-03-14 17:01

【摘要】：在我国,司法警察是检察机关实施法律监督的强制力量,具有检察人员和人民警察双重身份。1979年《人民检察院组织法》颁布实施,检察机关依法设立司法警察,但《人民检察院组织法》和1995年颁布的《人民警察法》均未对检察机关司法警察职权作出规定。三十多年来,司法警察依照检察机关内部规定履行职权,其队伍建设和业务建设受到严重影响,职能作用未能充分发挥。司法警察职权未经国家法律授权,不仅有违依法治国的社会主义法治理念和公权力职权法定的法治原则,而且不符合《立法法》、《人民警察法》的相关规定。当前,全国检察机关司法警察人数达到16000多,基本建立了单列的工作部门,实行了人员集中编队管理,广泛参与了检察执法办案,亟需从法律层面赋予其职权,规范其执法行为,以充分发挥与其性质、地位、任务和作用相称的职能作用。本文立足实务,结合法理,采用历史研究、比较分析、综合分析、实证研究等方法,全面梳理1978年来我国检察机关司法警察及其职权的历史沿革,揭示了司法警察职权与检察官职权的内在一致性；深入分析检察机关司法警察警衔管理、组织机构、人员管理和履行职责方面存在的问题,深刻阐释了检察机关司法警察职权未法定化带来的主要弊端；通过比较考察域内外(司法)警察职权,发现了域内外(司法)警察职权在法律渊源、内容设置等方面的可资借鉴之处；分析检察工作发展对司法警察职权法定化的需要,阐述了我国检察机关司法警察的性质、地位和任务定位,职权设置,以及职权立法的技术设计问题,为我国检察机关司法警察职权法定化提供了具体的立法建议。
[Abstract]:In China, the judicial police are the compulsory force for procuratorial organs to carry out legal supervision, and have the dual identities of procurators and people's police. In 1979, the Organic Law of the people's Procuratorate was promulgated and implemented, and the procuratorial organs established judicial police in accordance with the law. However, neither the Organic Law of the people's Procuratorate nor the Law of the people's Police promulgated in 1995 provides for the powers and powers of the judicial police of the procuratorial organs. In the past three decades, judicial police have been carrying out their functions and powers according to the internal regulations of procuratorial organs, and their team building and business construction have been seriously affected, and their functions have not been brought into full play. The power and power of the judicial police is not authorized by the national law, which is not only contrary to the socialist concept of ruling the country by law and the rule of law by the power of public power, but also inconsistent with the relevant provisions of the Legislative Law and the people's Police Law. At present, the number of judicial police in the procuratorial organs throughout the country has reached more than 16000, with the basic establishment of separate working departments, the implementation of centralized formation management, and extensive participation in the handling of procuratorial law enforcement cases. It is urgent to entrust them with their powers and powers from the legal level. Regulate their enforcement actions to give full play to their functions commensurate with their nature, status, task and role. Based on practice, combining legal theory, adopting historical research, comparative analysis, comprehensive analysis, empirical research and other methods, this paper comprehensively combs the historical evolution of judicial police and their functions and powers of procuratorial organs in China since 1978. It reveals the inherent consistency between the judicial police power and the procurator's power. An in-depth analysis of the procuratorial organs, judicial police rank management, organizational structure, personnel management and performance of their duties and responsibilities, in-depth analysis of the procuratorial organs of the judicial police functions and powers of the main shortcomings brought about by the illegalization; Through a comparative study of the police powers and powers inside and outside the territory (judicial), it is found that the police powers and powers within and outside the territory (judicial) can be used for reference in the aspects of legal origin, content setting and so on. This paper analyzes the needs of the development of procuratorial work for the legalization of judicial police functions and powers, and expounds the nature, status and task orientation of the judicial police of our country's procuratorial organs, the establishment of powers and powers, and the technical design of the legislation of powers and powers. It provides specific legislative suggestions for the legalization of judicial police functions and powers of procuratorial organs in China.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.3;D922.14

【共引文献】