论我国的警检关系及其完善
发布时间：2019-03-27 10:13
【摘要】：经过30年改革开放,我国取得了举世瞩目的成就。但在经济快速发展的同时,逐渐暴露出一些深层次的、结构性、体制性问题,导致我国进入一个社会矛盾多发期。面对日益严峻的社会治安形势,为保证对刑事犯罪的打击力度,加强警检之间的协调配合,形成警检合力,成为当务之急。警检关系不是一个新课题,国内外学者早有论述,但最近几年又成为一个热点问题。公安机关与检察机关二者之间如何分工与协作,其关系又应如何架构,直接影响到刑事司法的公正与效率。正确处理警检关系,对有效控制犯罪、防止滥用侦查权及保障人权、实现控诉目的具有十分重要的意义。 根据我国《宪法》与《刑事诉讼法》规定,警检关系的基本格局是警(公安机关)检(检察机关)在彼此分工的基础上,互相配合、互相制约。即公安机关负责绝大多数刑事案件的侦查,检察机关负责提起公诉,同时检察机关对法律规定的自侦案件行使侦查权。这是一种建立在分工负责、互相配合、互相制约基础之上的具有鲜明中国特色的警检关系模式。从总体上讲,这种模式是适应我国实际和法治建设需要的。但随着经济、政治、文化领域的发展变迁,随着法治化进程的不断推进,随着刑事司法制度改革的进一步深入,“配合制约”这一指导原则下的警检关系,在司法实践领域存在的矛盾与问题逐步显现出来。针对这些问题,理论界也有多重设想。大部分学者主张检警一体化,强调检察机关对公安机关在业务上的指挥、监督权；还有部分学者认为检警一体化不仅是检察机关对公安机关业务上的指挥、监督,而且要实现组织关系上的隶属,即把刑事警察划归检察系统；其他还有学者还主张比照走私犯罪侦查局的设立方式来调整刑事警察与检察机关的关系,走折中路线,将刑事警察改变成为检察机关与公安机关双重领导的模式。各种主张各有其优势所在,但警检关系不畅这一问题,仍然没有得到切实解决。我国的警检关系改革究竟该何去何从?笔者认为,首先应当立足于我国的国情与司法实践,在现有政治体制和司法制度的框架下,从实践的角度、操作的层面,寻求理顺我国警检关系的途径和方法。重构我国的警检关系是本文研究分析的重点。
[Abstract]:After 30 years of reform and opening-up, China has made remarkable achievements. However, at the same time of rapid economic development, some deep-seated, structural and institutional problems are gradually exposed, which leads to a period of frequent social contradictions in China. In the face of the increasingly severe social security situation, in order to ensure the intensity of the attack on criminal offences, strengthen the coordination and cooperation between police and procurators, and form a joint force of police inspection, it has become an urgent matter of urgency. The relationship between police and procuratorate is not a new subject. Scholars at home and abroad have discussed it for a long time, but it has become a hot issue in recent years. How the division of labor and cooperation between public security organs and procuratorial organs, and how the relationship should be structured, has a direct impact on the justice and efficiency of criminal justice. The correct handling of the relationship between police and procurators is of great significance to the effective control of crime, the prevention of abuse of the power of investigation and the protection of human rights, and the realization of the purpose of complaint. According to the provisions of the Constitution and the Criminal procedure Law, the basic pattern of the relationship between police and procuratorates is that the procurators (procurators) of police (public security organs) cooperate and restrict each other on the basis of the division of labor between the police (public security organs). That is, the public security organ is responsible for the investigation of the vast majority of criminal cases, the procuratorial organ is responsible for the prosecution, and the procuratorial organ exercises the power of investigation for the self-investigating cases stipulated by the law. This is a distinct pattern of police-procuratorial relations with distinct Chinese characteristics, which is based on division of labor and responsibility, mutual cooperation and mutual restriction. On the whole, this model meets the needs of our country's reality and rule of law construction. But with the development and change of economy, politics and culture, along with the advancement of the rule of law process, with the further deepening of the reform of the criminal justice system, the relationship between police and procuratorates under the guiding principle of "cooperation and restriction", The contradictions and problems in the field of judicial practice appear gradually. In view of these problems, theorists also have multiple assumptions. Most scholars advocate the integration of procuratorial police and emphasize the power of procuratorial organs to direct and supervise the public security organs in business. Some scholars believe that the integration of the procuratorial police is not only the command and supervision of the procuratorial organs to the public security organs, but also the subordinate to the organizational relationship, that is, the criminal police belong to the procuratorial system; Other scholars also advocate adjusting the relationship between criminal police and procuratorial organs, taking a compromise route and changing criminal police into a mode of double leadership by procuratorial organs and public security organs according to the establishment of the Bureau of investigation of smuggling Crime. All kinds of opinions have their own advantages, but the problem of poor relations between police and procuratorates has not been effectively resolved. What exactly should we do with the reform of the relationship between police and procuratorate in our country? The author thinks, first of all, should base on our country's national condition and the judicial practice, under the existing political system and the judicial system frame, from the practice angle, the operation aspect, seeks the way and the method to straighten out the police and procuratorial relations in our country. It is the focus of this paper to reconstruct the relationship between the police and the police in our country.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.3
本文编号：2448092
[Abstract]:After 30 years of reform and opening-up, China has made remarkable achievements. However, at the same time of rapid economic development, some deep-seated, structural and institutional problems are gradually exposed, which leads to a period of frequent social contradictions in China. In the face of the increasingly severe social security situation, in order to ensure the intensity of the attack on criminal offences, strengthen the coordination and cooperation between police and procurators, and form a joint force of police inspection, it has become an urgent matter of urgency. The relationship between police and procuratorate is not a new subject. Scholars at home and abroad have discussed it for a long time, but it has become a hot issue in recent years. How the division of labor and cooperation between public security organs and procuratorial organs, and how the relationship should be structured, has a direct impact on the justice and efficiency of criminal justice. The correct handling of the relationship between police and procurators is of great significance to the effective control of crime, the prevention of abuse of the power of investigation and the protection of human rights, and the realization of the purpose of complaint. According to the provisions of the Constitution and the Criminal procedure Law, the basic pattern of the relationship between police and procuratorates is that the procurators (procurators) of police (public security organs) cooperate and restrict each other on the basis of the division of labor between the police (public security organs). That is, the public security organ is responsible for the investigation of the vast majority of criminal cases, the procuratorial organ is responsible for the prosecution, and the procuratorial organ exercises the power of investigation for the self-investigating cases stipulated by the law. This is a distinct pattern of police-procuratorial relations with distinct Chinese characteristics, which is based on division of labor and responsibility, mutual cooperation and mutual restriction. On the whole, this model meets the needs of our country's reality and rule of law construction. But with the development and change of economy, politics and culture, along with the advancement of the rule of law process, with the further deepening of the reform of the criminal justice system, the relationship between police and procuratorates under the guiding principle of "cooperation and restriction", The contradictions and problems in the field of judicial practice appear gradually. In view of these problems, theorists also have multiple assumptions. Most scholars advocate the integration of procuratorial police and emphasize the power of procuratorial organs to direct and supervise the public security organs in business. Some scholars believe that the integration of the procuratorial police is not only the command and supervision of the procuratorial organs to the public security organs, but also the subordinate to the organizational relationship, that is, the criminal police belong to the procuratorial system; Other scholars also advocate adjusting the relationship between criminal police and procuratorial organs, taking a compromise route and changing criminal police into a mode of double leadership by procuratorial organs and public security organs according to the establishment of the Bureau of investigation of smuggling Crime. All kinds of opinions have their own advantages, but the problem of poor relations between police and procuratorates has not been effectively resolved. What exactly should we do with the reform of the relationship between police and procuratorate in our country? The author thinks, first of all, should base on our country's national condition and the judicial practice, under the existing political system and the judicial system frame, from the practice angle, the operation aspect, seeks the way and the method to straighten out the police and procuratorial relations in our country. It is the focus of this paper to reconstruct the relationship between the police and the police in our country.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.3
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