論看守所職能定位
發(fā)布時間：2019-06-05 07:13
【摘要】：規(guī)范我國看守所運行機(jī)制的《中華人民共和國看守所條例》是1990年3月17發(fā)布施行的。這部法規(guī)頒布施行以來,有力地保障了刑事訴訟活動的順利進(jìn)行,是國家建立依法羈押被逮捕、刑事拘留人犯法律制度的象征�？墒嵌嗄陙�,在《看守所條例》的實施過程中也逐漸暴露出許多缺陷,例如在服務(wù)訴訟制度方面,范圍設(shè)定相對較落后,影響了當(dāng)前社會的公平與正義。因此,根據(jù)我國現(xiàn)行法律法規(guī)的規(guī)定,本文試從我國看守所的歷史發(fā)展及現(xiàn)狀著手,粗淺探討是否應(yīng)把看守所條例廢止而進(jìn)行看守所立法,重新定位看守所的職能,真正與新修訂的《刑事訴訟法》相銜接服務(wù)以審判為中心的訴訟制度改革,進(jìn)一步完善我國看守所的羈押制度。第一部分,我國看守所發(fā)展理論基礎(chǔ)。首先,往上追溯我國建國至今看守所的發(fā)展歷程,然后再引出看守所產(chǎn)生背景,再到國家制定《看守所條例》并按法定程序?qū)嵤?經(jīng)歷了一個從無到有的漫長發(fā)展過程,最后引出看守所職能。其次,簡要介紹看守所的概念、特點以及分類。最后,轉(zhuǎn)入本文的正題,展開對看守所職能定位的研究,引出看守所職能范圍。第二部分,我國看守所羈押制度與德、日兩國相比較。從審前羈押制約因素入手,指出看守所羈押職能的確定直接關(guān)系著被羈押人員的權(quán)利保障,不僅受立法主觀者的影響,而且也受到國家政治體制和法制理論等因素影響。而我國現(xiàn)行看守所條例存在的主要問題是：一是沒有一部完整、全面的專門法律來規(guī)范看守所羈押行為；二是現(xiàn)有《看守所條例》規(guī)定的職能已經(jīng)落后于當(dāng)前法治形勢發(fā)展,例如對羈押人員稱呼為“人犯”等；三是目前仍然以偵查中心主義模式為主導(dǎo),未完全實行偵羈分離制度,看守所以服務(wù)辦案為主。第三部分,我國看守所職能拓展分析。隨著社會法治進(jìn)程的飛速發(fā)展,被羈押人員的權(quán)利受到越來越多的重視,世界各國也不止步地發(fā)展完善羈押制度,不間斷強化保障羈押人員的權(quán)利,例如逐步規(guī)范偵查機(jī)關(guān)的偵查行為,科學(xué)合理的對看守所內(nèi)在押人員的非正常死亡事件進(jìn)行深層次追究。為了更好保護(hù)在押人員的權(quán)利,規(guī)范我國看守所職能范圍,積極推進(jìn)看守所立法非常有必要,這具有很強的現(xiàn)實意義：一是我國法治進(jìn)程的必然結(jié)果；二是規(guī)范偵審行為的必然趨勢；三是服務(wù)于以審判為中心的訴訟程序司法制度改革的必然要求；四是我國刑事法律體系完善成熟的必然體現(xiàn)。第四部分,我國看守所職能重新定位的立法設(shè)想。本文從我國看守所現(xiàn)狀及發(fā)展歷程入手,就看守所現(xiàn)有職能范圍規(guī)范定位進(jìn)行了探究。首先,在規(guī)范看守所羈押制度范圍方面,筆者認(rèn)為應(yīng)該把未決在押人員和已決在押人員分開關(guān)押納入立法規(guī)范范圍。其次,在看守所上級主管部門方面,應(yīng)該把看守所劃歸司法行政機(jī)關(guān)管轄,保持看守所的相對獨立性,只有這樣才能更好地保護(hù)被羈押人員的合法權(quán)益。
[Abstract]:The Regulations of the People's Republic of China on the operation mechanism of our country's watch-keeping operation are promulgated and implemented on March 17,1990. Since the enactment of this Regulation, the smooth progress of the criminal proceedings has been effectively guaranteed, which is a symbol of the State's establishment of the legal system for the arrest and the criminal detention of persons in custody according to law. But over the past two decades, many defects have been exposed in the course of the implementation of the Regulations of the People's Republic of China. For example, in the service litigation system, the scope setting is relatively backward, which affects the fairness and justice of the current society. Therefore, according to the provisions of the current laws and regulations in our country, this paper tries to study the historical development and the present situation of our country's observing and keeping, and probe into whether the regulations of the watch-keeping should be abolished and the legislation is to be seen, and the function of the watch-keeping is re-located. The system of detention in our country is further improved by the reform of the trial-centered legal system with the newly revised Code of Criminal Procedure. The first part is the theoretical basis of the development of our country. First, to go up to the development of our country's founding to the present so far, and then to draw out the background of the watch-keeping, and then to the state to formulate and implement the rules and procedures, and experience a long-term development process from the moment to the end, and finally lead out the function of the watch-keeping. Secondly, the concept, characteristics and classification of the watch-keeping are briefly introduced. In the end, the paper proceeds to the research on the function of the watch-keeping, and leads out the scope of the function of the watch-keeping. In the second part, the system of detention in our country is compared with that of Germany and Japan. Starting from the restriction factors of pre-trial detention, it is pointed out that the determination of the detention function in the custody is directly related to the security of the detainees' rights, which is not only influenced by the subjective of the legislation, but also influenced by the national political system and the legal system theory. The main problem of the existing regulations in our country is that there is no complete and comprehensive special law to regulate the behavior of the detention, and the other is that the functions of the existing rules and regulations have fallen behind the current situation of the rule of law. For example, the person in custody is referred to as the "a man's crime", and the third is still in the mode of investigation-centrism, and the investigation and separation system is not fully implemented, and the service case is the main case. The third part, the function development analysis of our country's watch-keeping. With the rapid development of the process of the rule of law in the society, the rights of the detainees have been paid more and more attention. Scientific and reasonable investigation of the abnormal death of the detainees in the custody. In order to protect the rights of the detainees, it is of great practical significance to regulate the scope of our country's watchkeeping, and to actively promote the legislation of the watchkeeping, which is of great practical significance: one is the inevitable result of the process of the rule of law in our country; The third is the necessity of service in the reform of the judicial system of the judicial system, which is the center of the trial, and the fourth is the inevitable reflection of the perfection of the criminal law system in our country. The fourth part is the legislative idea of the re-positioning of the function of the watchkeeping in our country. This paper starts with the present situation and the development course of our country's watch-keeping, and probes into the regulation and positioning of the existing function scope. First, in the context of the regulation of the scope of the detention system, the author believes that the outstanding detainees and the detainees have been detained separately in the scope of the legislative specification. Secondly, in the view of the competent authorities of the superior, the relative independence of the detention person should be kept, and the lawful rights and interests of the detained persons can be better protected.
【學(xué)位授予單位】：華中師范大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2015
【分類號】：D631.7
本文編號：2493343
[Abstract]:The Regulations of the People's Republic of China on the operation mechanism of our country's watch-keeping operation are promulgated and implemented on March 17,1990. Since the enactment of this Regulation, the smooth progress of the criminal proceedings has been effectively guaranteed, which is a symbol of the State's establishment of the legal system for the arrest and the criminal detention of persons in custody according to law. But over the past two decades, many defects have been exposed in the course of the implementation of the Regulations of the People's Republic of China. For example, in the service litigation system, the scope setting is relatively backward, which affects the fairness and justice of the current society. Therefore, according to the provisions of the current laws and regulations in our country, this paper tries to study the historical development and the present situation of our country's observing and keeping, and probe into whether the regulations of the watch-keeping should be abolished and the legislation is to be seen, and the function of the watch-keeping is re-located. The system of detention in our country is further improved by the reform of the trial-centered legal system with the newly revised Code of Criminal Procedure. The first part is the theoretical basis of the development of our country. First, to go up to the development of our country's founding to the present so far, and then to draw out the background of the watch-keeping, and then to the state to formulate and implement the rules and procedures, and experience a long-term development process from the moment to the end, and finally lead out the function of the watch-keeping. Secondly, the concept, characteristics and classification of the watch-keeping are briefly introduced. In the end, the paper proceeds to the research on the function of the watch-keeping, and leads out the scope of the function of the watch-keeping. In the second part, the system of detention in our country is compared with that of Germany and Japan. Starting from the restriction factors of pre-trial detention, it is pointed out that the determination of the detention function in the custody is directly related to the security of the detainees' rights, which is not only influenced by the subjective of the legislation, but also influenced by the national political system and the legal system theory. The main problem of the existing regulations in our country is that there is no complete and comprehensive special law to regulate the behavior of the detention, and the other is that the functions of the existing rules and regulations have fallen behind the current situation of the rule of law. For example, the person in custody is referred to as the "a man's crime", and the third is still in the mode of investigation-centrism, and the investigation and separation system is not fully implemented, and the service case is the main case. The third part, the function development analysis of our country's watch-keeping. With the rapid development of the process of the rule of law in the society, the rights of the detainees have been paid more and more attention. Scientific and reasonable investigation of the abnormal death of the detainees in the custody. In order to protect the rights of the detainees, it is of great practical significance to regulate the scope of our country's watchkeeping, and to actively promote the legislation of the watchkeeping, which is of great practical significance: one is the inevitable result of the process of the rule of law in our country; The third is the necessity of service in the reform of the judicial system of the judicial system, which is the center of the trial, and the fourth is the inevitable reflection of the perfection of the criminal law system in our country. The fourth part is the legislative idea of the re-positioning of the function of the watchkeeping in our country. This paper starts with the present situation and the development course of our country's watch-keeping, and probes into the regulation and positioning of the existing function scope. First, in the context of the regulation of the scope of the detention system, the author believes that the outstanding detainees and the detainees have been detained separately in the scope of the legislative specification. Secondly, in the view of the competent authorities of the superior, the relative independence of the detention person should be kept, and the lawful rights and interests of the detained persons can be better protected.
【學(xué)位授予單位】：華中師范大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2015
【分類號】：D631.7
【相似文獻(xiàn)】
相關(guān)期刊論文 前5條
1 孫瓏;;未決羈押人員的勞動權(quán)保障探析[J];湖北警官學(xué)院學(xué)報;2012年06期
2 梁自勉;陳抒豪;曾琪;宮艷華;;大型勞教所艾滋病羈押人員集中管理實踐與探討[J];職業(yè)與健康;2011年17期
3 鞏利萍;;看守所被羈押人員的心理管理[J];山西警官高等�？茖W(xué)校學(xué)報;2007年01期
4 王月英;;試論我國看守所對被羈押人員的教育[J];鐵道警察學(xué)院學(xué)報;2014年02期
5 ;[J];;年期
相關(guān)會議論文 前2條
1 袁國鋒;汪菲;夏慧新;;84例羈押人員精神狀況調(diào)查分析[A];浙江省醫(yī)師協(xié)會精神科醫(yī)師分會成立大會暨二○○八年浙江省精神病學(xué)學(xué)術(shù)年會論文匯編[C];2008年
2 梁自勉;陳抒豪;曾琪;宮艷華;;大型勞教所艾滋病羈押人員集中管理實踐與探討[A];2011廣東省預(yù)防醫(yī)學(xué)會學(xué)術(shù)年會資料匯編[C];2011年
相關(guān)重要報紙文章 前4條
1 陳立民 本報記者 姜忠孝;羈押中的人性之光[N];吉林日報;2003年
2 馬遠(yuǎn)瓊 鐘亞雅;“‘非典’并不可怕！”[N];檢察日報;2003年
3 沈義 莫嬌;重慶合川：信息庫有效防止超期羈押[N];檢察日報;2006年
4 馬曉春;以人性化管理踐行社會主義法治理念[N];北方法制報;2006年
相關(guān)碩士學(xué)位論文 前2條
1 劉松松;論看守所職能定位[D];華中師范大學(xué);2015年
2 李海艷;我國看守所未決羈押人員的人權(quán)保障研究[D];湖北大學(xué);2011年
，本文編號：2493343
本文鏈接：http://sikaile.net/falvlunwen/fanzuizhian/2493343.html
最近更新
教材專著
