本文選題：特別重大賄賂案件 + 偵查階段��； 參考：《西南政法大學》2014年碩士論文

【摘要】：刑事訴訟法在學界歷來具有小憲法之稱,作為衡量一個國家人權狀況的重要參照之一,在刑事訴訟法中對于人權的保障又以對犯罪嫌疑人、被告人的人權保障為主要內容,律師會見權是刑事訴訟法賦予律師會見在押的犯罪嫌疑人、被告人的一項重要權利。偵查階段的會見能夠及時為在押犯罪嫌疑人提供法律咨詢和幫助、監(jiān)督糾正違法偵查手段、排除非法證據,從而對維護犯罪嫌疑人合法權益具有重要意義。但司法實踐表明,偵查階段的律師會見權又極容易受到侵犯,搞清楚律師會見難現象背后的深層次原因,有針對性地提出改進措施,平衡各方合理關切,對于規(guī)范律師會見制度,實現控辯雙方良性互動,依法指控犯罪,更好地保障犯罪嫌疑人合法權益、推動刑事辯護制度發(fā)展進步具有重要的現實意義。本論文除引言和結語外共分為四個部分,主要內容如下:第一部分,介紹我國法律對于律師會見的相關規(guī)定。我國法律對于律師會見經歷了一個從嚴限制到逐步放寬的過程,目前,僅在偵查階段中對危害國家安全犯罪、恐怖活動犯罪和特別重大賄賂犯罪案件實行許可會見制度,就職務犯罪偵查階段而言特別重大賄賂犯罪主要是涉案金額50萬元以上、有重大社會影響、涉及國家重大利益,對會見權的救濟僅依靠檢察機關內部自行審查,作出是否允許會見的決定。第二部分,梳理偵查階段律師會見的運行狀況。當前特別重大賄賂案件在賄賂案件中占有一定比例,導致律師需要申請會見的案件基數較大,但是偵查階段律師申請會見得到許可的比例又比較低,個別偵查部門對律師的會見申請答復不及時,利用法律漏洞拖延律師會見,甚至突破案件規(guī)定限制律師會見,檢察機關內部對于保障律師會見權該由哪個部門負責,權責不清,對于律師會見申訴審查簡單化,難以有效保障律師會見權。第三部分,分析律師會見難背后的深層次原因。律師會見難主要有兩個方面的原因,就檢察機關而言存在執(zhí)法觀念轉變不及時、偵查模式轉型不及時、執(zhí)法辦案考評體系不合理等原因,檢察機關在部門利益的驅使下,難免對會見進行不當阻礙。就檢察機關以外的原因而言,主要是相關法律規(guī)范失之于寬、律師深度介入對傳統(tǒng)偵查模式的影響、紀檢監(jiān)察機關的不當干預等原因,上述原因相互影響、相互交織,導致了律師會見難問題的產生。第四部分,提出保障律師會見權的意見建議。要想更好地保障律師會見權,檢察機關必須及時轉變執(zhí)法觀念、推動偵查模式轉型發(fā)展,提高偵查水平和能力,更好地應對律師深入介入偵查帶來的影響。同時,還應當落實檢察官辦案主體責任、擴展對偵查活動的監(jiān)督渠道,理順檢察機關與紀檢監(jiān)察機關的職能分工,公檢法司等部門加強協調,明確限制會見案件范圍,防止人為隨意解讀法律規(guī)定。
[Abstract]:The criminal procedure law has always been known as the minor constitution in the academic world. As one of the important references to measure the human rights situation of a country, the protection of human rights in the criminal procedure law mainly includes the human rights protection of the criminal suspect and the defendant. Lawyer's right of meeting is an important right for lawyers to meet suspects and defendants in custody under the Criminal procedure Law. The meeting at the investigation stage can provide legal advice and help for the suspects in custody, supervise and correct the illegal investigation techniques, and exclude illegal evidence, which is of great significance to safeguard the legitimate rights and interests of the criminal suspects. However, the judicial practice shows that the lawyer's right to meet in the investigation stage is very easy to be infringed upon, so as to find out the deep-seated reasons behind the phenomenon of the lawyer's meeting difficulty, and to put forward some improvement measures to balance the reasonable concerns of all parties. It has important practical significance for standardizing lawyer meeting system, realizing benign interaction between prosecution and defense, accusing crime according to law, better protecting the legitimate rights and interests of criminal suspects, and promoting the development and progress of criminal defense system. This thesis is divided into four parts in addition to introduction and conclusion. The main contents are as follows: the first part introduces the relevant provisions of the law of our country for lawyers. The law of our country has experienced a process of strict restriction to gradual relaxation of lawyers' interviews. At present, only in the investigation stage are the permission and interview systems for crimes against national security, crimes of terrorist activities and especially serious bribery crimes. As far as the investigation stage of job-related crimes is concerned, the major crimes of bribery are mainly the amount of more than 500000 yuan involved, which has a significant social impact and involves the major interests of the state. The relief for the right of meeting only depends on the internal examination of the procuratorial organs by themselves. Make a decision whether or not to allow the meeting. The second part, combs the investigation stage lawyer to meet the movement condition. At present, especially important bribery cases occupy a certain proportion in bribery cases, leading to a large number of cases in which lawyers need to apply for interviews, but the proportion of lawyers applying for permission to meet in the investigation stage is also relatively low. Individual investigation departments did not respond promptly to lawyers' requests for interviews, took advantage of legal loopholes to delay lawyers' meetings, or even broke through the provisions of cases to restrict lawyers' meetings. Within the procuratorial organs, it was unclear which department should be responsible for ensuring lawyers' right to meet, and their powers and responsibilities were unclear. The examination of lawyer's meeting complaint is simplistic, so it is difficult to protect the lawyer's right of meeting effectively. The third part analyzes the deep reasons behind the difficulty of meeting lawyers. There are two main reasons for the difficulty in meeting lawyers. As far as procuratorial organs are concerned, the change in law enforcement concept is not timely, the transformation of investigation mode is not timely, the system of examination and evaluation of law enforcement cases is unreasonable, and so on. The procuratorial organs are driven by the interests of the departments. It is inevitable that the meeting will be improperly obstructed. As far as reasons other than procuratorial organs are concerned, they are mainly due to the lack of leniency of relevant legal norms, the influence of lawyers' deep involvement on the traditional investigation mode, the improper intervention of discipline inspection and supervision organs, and so on. The above reasons are intertwined with each other. This led to the difficulty of meeting lawyers. The fourth part, puts forward the suggestion of protecting lawyer's right of meeting. In order to better protect lawyers' right to meet with each other, procuratorial organs must change the concept of law enforcement in time, promote the transformation and development of investigation mode, improve the level and ability of investigation, and better deal with the influence of lawyers' deep involvement in investigation. At the same time, it is also necessary to implement the principal responsibility of procurators in handling cases, expand the channels of supervision over investigation activities, straighten out the division of functions between procuratorial organs and discipline inspection and supervision organs, strengthen coordination between public procuratorates and law departments, and clearly limit the scope of meeting cases. Prevent arbitrary interpretation of legal provisions.
【學位授予單位】：西南政法大學
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：D925.2

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本文編號：1780624