监所检察问题研究
发布时间：2019-05-16 21:40
【摘要】：监所检察是人民检察院的一项基本职能,旨在对监狱、看守所等监所部门的执法活动是否合法进行监督,使法律监督职责能够有效履行,使被监管人的合法权益得到切实维护。 由于监所检察职责范围的庞杂性和监所信息的封闭性,很多人对监所检察究竟监督什么的问题还不是很清楚。监所检察的目的何在,在实践中存在哪些问题,如何才能确保检察监督工作的有效性。回答这些问题都需要系统而深入的调查思考。监所检察问题的研究主要是围绕监所检察监督什么,为什么而监督,监督过程中存在哪些问题以及如何改革完善这条主线而展开。 第一部分,首先总结了监所检察的概念,历史沿革,职权范围,以明确监所检察是什么,由何而来,作为写作的逻辑基础。其次分析了设置监所检察权的目的,明确为什么而监督。设置监所检察权,意在通过权力之间的相互制衡来保障刑事诉讼活动的顺利进行,刑罚、劳教目的的最终实现以及保护被监管人的人权。最后,分析了检察机关行使监所监督职权是否正当,指出检察监督职权只能通过改革予以完善而不能轻率地主张予以废除。 第二部分,首先从宏观上对监所检察的运作形态进行分别,将其分为日常检察和专项检查两种。日常检察是一种常态化、制度化的监督,专项检查则是一种非常态化、运动式的监督。对日常检察和专项检查方式、检察程序方面的特点和利弊予以分析,明确监所检察的主要方式是派驻检察,这种监督方式的优势在于,检察机关可以通过派驻机构全面、及时、准确地掌握监所部门的执法信息并随时督促执行机关严格执行监管制度、依法变更执行方式、保障受刑人的基本权利。但是,这种监督方式在实践中也存在一些问题。这些问题归结起来包括两个方面:一是监督人员容易被监所部门所同化;二是派驻检察机构层级过低,难以发挥监督作用。专项检查运动方面,从专项检查运动的起因来看,专项检查运动一般是在监所内发生比较大的事故,并经媒体曝光引起比较大的反响后,由中央有关部门部署开展。从专项检查运动的结果来看,专项检查固然可以在短期内收到比较好的治理效果,但高昂的监督成本决定了这种监督方式不可能被长期采用。受主客观条件的限制,通过专项检查运动难以建立长效监督机制,因此,只有通过完善监所检察制度才能确保检察监督工作的长期有效。 第三部分,对监所检察中存在的问题进行文本分析。监所检察中的问题主要是:监督对象与监督权力之间的矛盾,监督主体的多元性及谁来监督监督者的问题,监督方式的事后性,技术装备不到位,获取监督信息难及绩效考核办法成为了监所检察工作的指挥棒的问题。 第四部分,就监所检察制度的完善提出了具体的改革意见。完善监所检察制度就是要解决检察机关如何有能力监督,有条件监督以及怎样才能尽职尽责监督这些问题。为此,提出的改革意见包括:赋予检察机关完整的监督权能,提高派驻检察级别,加强对监所干警的监督力度及对检察机关监督权力的再监督,实行检察机关同步监督机制,加强监所检察干警素质建设,完善监所检察方面的法律法规及实行检察机关经费国家统一保障的财政体制。
[Abstract]:The procuratorial organ is a basic function of the People's Procuratorate, which is designed to supervise the legality of the law enforcement activities in the prisons and the detention facilities, so that the legal supervision responsibilities can be effectively carried out, and the legitimate rights and interests of the protected persons can be effectively maintained. As a result of the complex nature of the scope of the procuratorial work and the closed nature of the information, a lot of people are not very clear about what the supervision of the supervision department is. Chu. What are the purpose of the procuratorial work and what problems exist in practice and how to ensure the effectiveness of the procuratorial supervision The answer to these questions requires a systematic and in-depth investigation. The investigation of the procuratorial work of the country is mainly about the supervision and supervision of the supervision department, why the supervision and supervision process exist and how to reform and perfect the main line The first part, in the first part, summarizes the concept, the historical evolution and the terms of reference of the procuratorial work. Secondly, it analyses the purpose of setting up the procuratorial power, and makes clear why Supervision. Set up the procuratorial power of the prison, and it is intended to guarantee the smooth progress, the punishment, the final realization of the purpose of the education and the protection of the detainees through the mutual checks and balances between the powers. In the end, it is pointed out that the function of the procuratorial supervision can only be perfected by the reform and can not be taken lightly. In order to abolish the second part, the operation form of the country's procuratorial work is first divided into the routine inspection and the special purpose. The routine inspection is a normal and systematic supervision. The special inspection is a kind of non-state, transportation. On the basis of the analysis of the characteristics and the advantages and disadvantages of the routine inspection and special inspection methods and the procuratorial procedures, the main way to clear the procuratorial work is to carry out the procuratorial work. The advantage of this supervision method is that the procuratorial organ can adopt the presence mechanism In full, timely and accurate control of the law enforcement information of the department in charge of supervision, and at any time urge the executive authorities to strictly implement the supervision system, change the implementation mode according to law, and guarantee the sentenced person The basic right of this kind of supervision, however, is in practice in some case, that problem is due to two aspects: one is that the supervisory personnel are easily assimilated by the department; the second is that the level of the procurator is too low to make it difficult to send in that aspect of special inspection and movement, the special inspection movement is generally a relatively large accident in the prison, and after the media exposure cause a great response, the central authorities concerned The door deployment is carried out. From the result of the special inspection exercise, the special inspection can receive better governance effect in the short term, but the high supervision cost determines that the monitoring method is not possible It is difficult to establish a long-term supervision mechanism through special inspection and exercise, so that the procuratorial supervision can be ensured only by improving the procuratorial system of the supervision department. The long-term, the third part, the question that exists in the supervision of the country. The main problem of the supervision is to supervise the contradiction between the object and the supervision power, to supervise the pluralism of the subject and who to supervise the problem of the supervisor, and to monitor the post-event of the mode. The technical equipment is not in place, and the difficulty of obtaining the supervision information and the performance appraisal method have become the procuratorial work of the supervision department The question of the baton. The fourth part, on the perfection of the procuratorial system. The system of improving the procuratorial system is to solve how the procuratorial organs have the ability to supervise, have the condition to supervise and how to do it. To this end, the reform opinions put forward include: to give the procuratorial organs complete supervision power, to improve the supervision of the police and to re-monitor the supervision power of the procuratorial organs, to carry out the synchronous supervision mechanism of the procuratorial organs, and to strengthen the supervision The construction of the quality of the inspectors of the procuratorial organs, the improvement of the laws and regulations on the procuratorial work of the supervision and the application of the State of the procuratorial organs
【学位授予单位】：西北师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.3
本文编号：2478573
[Abstract]:The procuratorial organ is a basic function of the People's Procuratorate, which is designed to supervise the legality of the law enforcement activities in the prisons and the detention facilities, so that the legal supervision responsibilities can be effectively carried out, and the legitimate rights and interests of the protected persons can be effectively maintained. As a result of the complex nature of the scope of the procuratorial work and the closed nature of the information, a lot of people are not very clear about what the supervision of the supervision department is. Chu. What are the purpose of the procuratorial work and what problems exist in practice and how to ensure the effectiveness of the procuratorial supervision The answer to these questions requires a systematic and in-depth investigation. The investigation of the procuratorial work of the country is mainly about the supervision and supervision of the supervision department, why the supervision and supervision process exist and how to reform and perfect the main line The first part, in the first part, summarizes the concept, the historical evolution and the terms of reference of the procuratorial work. Secondly, it analyses the purpose of setting up the procuratorial power, and makes clear why Supervision. Set up the procuratorial power of the prison, and it is intended to guarantee the smooth progress, the punishment, the final realization of the purpose of the education and the protection of the detainees through the mutual checks and balances between the powers. In the end, it is pointed out that the function of the procuratorial supervision can only be perfected by the reform and can not be taken lightly. In order to abolish the second part, the operation form of the country's procuratorial work is first divided into the routine inspection and the special purpose. The routine inspection is a normal and systematic supervision. The special inspection is a kind of non-state, transportation. On the basis of the analysis of the characteristics and the advantages and disadvantages of the routine inspection and special inspection methods and the procuratorial procedures, the main way to clear the procuratorial work is to carry out the procuratorial work. The advantage of this supervision method is that the procuratorial organ can adopt the presence mechanism In full, timely and accurate control of the law enforcement information of the department in charge of supervision, and at any time urge the executive authorities to strictly implement the supervision system, change the implementation mode according to law, and guarantee the sentenced person The basic right of this kind of supervision, however, is in practice in some case, that problem is due to two aspects: one is that the supervisory personnel are easily assimilated by the department; the second is that the level of the procurator is too low to make it difficult to send in that aspect of special inspection and movement, the special inspection movement is generally a relatively large accident in the prison, and after the media exposure cause a great response, the central authorities concerned The door deployment is carried out. From the result of the special inspection exercise, the special inspection can receive better governance effect in the short term, but the high supervision cost determines that the monitoring method is not possible It is difficult to establish a long-term supervision mechanism through special inspection and exercise, so that the procuratorial supervision can be ensured only by improving the procuratorial system of the supervision department. The long-term, the third part, the question that exists in the supervision of the country. The main problem of the supervision is to supervise the contradiction between the object and the supervision power, to supervise the pluralism of the subject and who to supervise the problem of the supervisor, and to monitor the post-event of the mode. The technical equipment is not in place, and the difficulty of obtaining the supervision information and the performance appraisal method have become the procuratorial work of the supervision department The question of the baton. The fourth part, on the perfection of the procuratorial system. The system of improving the procuratorial system is to solve how the procuratorial organs have the ability to supervise, have the condition to supervise and how to do it. To this end, the reform opinions put forward include: to give the procuratorial organs complete supervision power, to improve the supervision of the police and to re-monitor the supervision power of the procuratorial organs, to carry out the synchronous supervision mechanism of the procuratorial organs, and to strengthen the supervision The construction of the quality of the inspectors of the procuratorial organs, the improvement of the laws and regulations on the procuratorial work of the supervision and the application of the State of the procuratorial organs
【学位授予单位】：西北师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.3
【引证文献】
相关硕士学位论文 前1条
1 王美程;拘留所检察监督制度构建分析[D];沈阳师范大学;2013年
，本文编号：2478573
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