关于我国公安机关侦查协作基本问题研究
发布时间：2018-11-05 16:30
【摘要】： 关于侦查协作的研究，属于侦查措施的研究范畴，实务性较强。本文从完善我国公安机关侦查协作的宗旨出发，对侦查协作的基本问题展开研究，以期有助于丰富和发展侦查学的基本理论，指导侦查协作立法、司法实践。全文共由三部分组成。 第一部分：侦查协作概述。由三项内容构成。首先，在评析现有侦查协作概念的基础上，正确界定了侦查协作的概念。指出侦查协作的指导思想是维护国家的整体秩序，协作单位的地位独立，权利义务平衡，进而剖析了侦查协作概念涉及的各要素，包括侦查协作的主体，侦查协作的目的，侦查协作的性质，侦查协作的内容。并比较厘清了侦查协作与侦查合作、侦查支援的关系。其次，确立了侦查协作的依据，从侦查协作的法治基础，刑事法依据，法律规定三方面确立了侦查协作的法理依据；从系统论角度确立了侦查协作的科学依据；从跨区域犯罪及现行侦查管理体制两方面论证了侦查协作的实践基础。最后对侦查协作的类别进行划分，按侦查协作内容分为：联合侦查、情报信息交流、协作查缉；按侦查协作主体的职能分为：刑侦部门与提供基础资料的部门间的协作，刑侦部门与其它侦查机关侦查部门的协作以及中国公安机关与境外侦查机关及国际刑警组织的合作；按协作的稳定性分为：临时性侦查协作和有组织侦查协作。 第二部分：我国公安机关侦查协作的历史和现状，由二项内容构成。首先论述了我国侦查协作的历史，分别从古代、近代、新中国成立后三个阶段对中国侦查协作历史进行系统研究。其次对我国侦查协作的现状进行评析。论述了我国公安机关侦查协作的现行法律规定及运行现状之后，，指出我国当前侦查协作运行存在的问题，包括地方保护主义，无偿协作原则、机制阻碍、协作区设定不合理、协作责任规定不周全等问题。 第三部分：完善我国侦查协作制度的研究，由四项内容构成。首先侦查协作的立法完善。通过分析协作存在问题及领导机关的职能，指出侦查协作立法主体为公安部，结合现在推行的量化考核标准对侦查协作的办案原则进行完善，确立利益平衡的有偿协作原则。其次通过对现有的科技成果——因特网的利用完成对侦查协作模式的创新。通过对各警种职能的明确界定，完善现有侦查协作的模式。再次通过规范党对侦查机关的领导，侦查机关独立执行侦查权，侦查经费制度的创新三方面来完善侦查体制，使其 不再成为开展侦查协作的阻碍。最后论述了完善我国国际侦查合作。主要 从加强侦查国际合作的情报传递工作，国际侦查合作的形式，国内立法及 国际刑警组织等四个渠道来完善我国的国际侦查合作.
[Abstract]:The investigation cooperation research belongs to the investigation measure research category, the practice is stronger. Starting from the aim of perfecting the investigation cooperation of public security organs in China, this paper makes a study on the basic problems of investigation cooperation, in the hope of enriching and developing the basic theory of investigation, guiding the legislation of investigation cooperation and judicial practice. The full text consists of three parts. Part one: summary of investigation cooperation. It consists of three elements. Firstly, on the basis of analyzing the existing concept of investigation cooperation, the concept of investigation cooperation is defined correctly. It is pointed out that the guiding ideology of investigation cooperation is to maintain the overall order of the country, the status of the cooperating unit is independent, and the rights and obligations are balanced. Furthermore, the paper analyzes the elements involved in the concept of investigation cooperation, including the subject of investigation cooperation and the purpose of investigation cooperation. The nature of investigation cooperation, the content of investigation cooperation. The relationship between investigation cooperation and investigation support is comparatively clarified. Secondly, it establishes the legal basis of investigation cooperation from three aspects: the legal basis of investigation cooperation, the criminal law basis, the legal stipulation, the scientific basis of investigation cooperation from the angle of system theory. This paper demonstrates the practical basis of investigation cooperation from two aspects of cross-regional crime and current investigation management system. Finally, the types of investigation cooperation are divided into: joint investigation, information exchange, cooperative investigation; According to the functions of the subject of investigation cooperation, the cooperation between the criminal investigation department and the department providing basic information, the cooperation between the criminal investigation department and the investigation department of other investigative organs, and the cooperation between the Chinese public security organ and the overseas investigation organ and Interpol; According to the stability of cooperation, it can be divided into temporary investigation cooperation and organized investigation cooperation. The second part: the history and present situation of investigation and cooperation of public security organs in our country are composed of two contents. Firstly, it discusses the history of investigation cooperation in China, and makes a systematic study on the history of investigation cooperation in China from the three stages of ancient times, modern times and after the founding of New China. Secondly, the present situation of investigation cooperation in China is analyzed. After discussing the current legal provisions and current operation situation of investigation and cooperation of public security organs in our country, this paper points out the problems existing in the operation of investigation cooperation in our country, including local protectionism, the principle of free cooperation, the mechanism hindrance, and the unreasonable setting of cooperation area. The coordination responsibility stipulation is not thorough and so on question. The third part: the research of perfecting the investigation cooperation system of our country is composed of four contents. First of all, the legislative perfection of investigation cooperation. By analyzing the problems existing in cooperation and the functions of leading organs, it is pointed out that the main body of investigation and cooperation legislation is the Ministry of Public Security, and the principle of handling cases of investigation cooperation is perfected in combination with the present quantitative assessment standard, and the principle of paid cooperation with balanced interests is established. Secondly, the innovation of investigation cooperation mode is accomplished by the use of the Internet, which is the existing scientific and technological achievement. Through the clear definition of the functions of the police, improve the existing mode of investigation cooperation. Once again, by standardizing the Party's leadership over the investigative organs, the investigative organs independently carrying out the investigation power, and the innovation of the investigation funds system, the investigation system can be perfected. So that it will no longer be an obstacle to the development of investigative cooperation. At last, it discusses how to perfect our country's international investigation cooperation. Mainly from the aspects of strengthening the information transmission work of international cooperation in investigation, the form of international cooperation in investigation, Domestic legislation and Interpol four channels to improve our international investigative cooperation.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2003
【分类号】：D918
本文编号：2312647
[Abstract]:The investigation cooperation research belongs to the investigation measure research category, the practice is stronger. Starting from the aim of perfecting the investigation cooperation of public security organs in China, this paper makes a study on the basic problems of investigation cooperation, in the hope of enriching and developing the basic theory of investigation, guiding the legislation of investigation cooperation and judicial practice. The full text consists of three parts. Part one: summary of investigation cooperation. It consists of three elements. Firstly, on the basis of analyzing the existing concept of investigation cooperation, the concept of investigation cooperation is defined correctly. It is pointed out that the guiding ideology of investigation cooperation is to maintain the overall order of the country, the status of the cooperating unit is independent, and the rights and obligations are balanced. Furthermore, the paper analyzes the elements involved in the concept of investigation cooperation, including the subject of investigation cooperation and the purpose of investigation cooperation. The nature of investigation cooperation, the content of investigation cooperation. The relationship between investigation cooperation and investigation support is comparatively clarified. Secondly, it establishes the legal basis of investigation cooperation from three aspects: the legal basis of investigation cooperation, the criminal law basis, the legal stipulation, the scientific basis of investigation cooperation from the angle of system theory. This paper demonstrates the practical basis of investigation cooperation from two aspects of cross-regional crime and current investigation management system. Finally, the types of investigation cooperation are divided into: joint investigation, information exchange, cooperative investigation; According to the functions of the subject of investigation cooperation, the cooperation between the criminal investigation department and the department providing basic information, the cooperation between the criminal investigation department and the investigation department of other investigative organs, and the cooperation between the Chinese public security organ and the overseas investigation organ and Interpol; According to the stability of cooperation, it can be divided into temporary investigation cooperation and organized investigation cooperation. The second part: the history and present situation of investigation and cooperation of public security organs in our country are composed of two contents. Firstly, it discusses the history of investigation cooperation in China, and makes a systematic study on the history of investigation cooperation in China from the three stages of ancient times, modern times and after the founding of New China. Secondly, the present situation of investigation cooperation in China is analyzed. After discussing the current legal provisions and current operation situation of investigation and cooperation of public security organs in our country, this paper points out the problems existing in the operation of investigation cooperation in our country, including local protectionism, the principle of free cooperation, the mechanism hindrance, and the unreasonable setting of cooperation area. The coordination responsibility stipulation is not thorough and so on question. The third part: the research of perfecting the investigation cooperation system of our country is composed of four contents. First of all, the legislative perfection of investigation cooperation. By analyzing the problems existing in cooperation and the functions of leading organs, it is pointed out that the main body of investigation and cooperation legislation is the Ministry of Public Security, and the principle of handling cases of investigation cooperation is perfected in combination with the present quantitative assessment standard, and the principle of paid cooperation with balanced interests is established. Secondly, the innovation of investigation cooperation mode is accomplished by the use of the Internet, which is the existing scientific and technological achievement. Through the clear definition of the functions of the police, improve the existing mode of investigation cooperation. Once again, by standardizing the Party's leadership over the investigative organs, the investigative organs independently carrying out the investigation power, and the innovation of the investigation funds system, the investigation system can be perfected. So that it will no longer be an obstacle to the development of investigative cooperation. At last, it discusses how to perfect our country's international investigation cooperation. Mainly from the aspects of strengthening the information transmission work of international cooperation in investigation, the form of international cooperation in investigation, Domestic legislation and Interpol four channels to improve our international investigative cooperation.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2003
【分类号】：D918
【引证文献】
相关期刊论文 前2条
1 张红卫;林萍;;浅析检察机关开展侦查协作工作实践中存在的问题及对策[J];法制与社会;2012年29期
2 徐为霞;孙延庆;;狱内罪犯漏罪侦查若干问题的思考[J];河南司法警官职业学院学报;2010年04期
相关硕士学位论文 前1条
1 腾海勇;河南省公安机关刑事侦查运用思想政治教育问题研究[D];河南工业大学;2012年
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