論人員失蹤的刑事追查機制
發(fā)布時間：2018-12-12 08:57
【摘要】：失蹤，由于其性質(zhì)難以認定，在我國一般被認定為是社會事件，我國每年發(fā)生的失蹤案件有很多，從公安機關(guān)破獲的許多震驚中國的刑事案件來看，許多案件剛開始都是以失蹤為表現(xiàn)形式的，以連環(huán)殺人案為例，案件前期都有被害人失蹤的情況發(fā)生，并且犯罪持續(xù)時間較久，這些失蹤現(xiàn)象掩蓋了大量的犯罪事實。公安機關(guān)總是在偵破了這些刑事案件后，才發(fā)現(xiàn)失蹤只是犯罪的表面形式。由于失蹤案件的隱蔽性，并且失蹤情況復雜多樣，并非所有的失蹤案件都和刑事犯罪有關(guān)，在沒有發(fā)現(xiàn)犯罪事實，僅有失蹤報案的情況下，失蹤案件適用我國《刑事訴訟法》的規(guī)定很難立案。因此對于失蹤案件，公安機關(guān)往往以不具備立案條件為由，，不予立案。并且對失蹤案件，公安機關(guān)在立案之前有一個很長的調(diào)查階段，調(diào)查失蹤人是否有遭到犯罪行為侵害的可能，但是這個調(diào)查階段時間非常久，因為很多失蹤案件在前期是找不到任何證據(jù)能夠證明失蹤人遭受了犯罪侵害的。等到公安機關(guān)立案偵查時，犯罪之初的證據(jù)很有可能已經(jīng)消失殆盡，這樣更不利于偵查破案。對人員失蹤案件進行研究，能夠引起公安機關(guān)對失蹤案件的重視，同時完善失蹤立案制度，彌補司法實踐中對失蹤案件處理的缺陷，預防更多失蹤被侵害案件的發(fā)生。 本文第一章介紹了失蹤人員的概念以及范圍，并闡述了我國法律法規(guī)等相關(guān)文件中有關(guān)失蹤人員的規(guī)定以及存在的問題，并通過案例引出失蹤案件與刑事犯罪的關(guān)系。第二章介紹了我國處理人口失蹤問題的現(xiàn)狀以及失蹤立案制度存在的缺陷，失蹤案件立案難在于法律沒有明確規(guī)定立案時間，立案標準高等。第三章通過對中美兩國人口失蹤預警機制進行比較，并通過案例表明我國可以借鑒美國有關(guān)失蹤的預警機制，為公安機關(guān)提供線索，來幫助公安機關(guān)早日偵破案件。第四章在對前文分析的基礎(chǔ)上提出了完善我國人員失蹤追查機制的一些建議。本文主要從我國目前存在的與失蹤有關(guān)的刑事案件進行分析，說明我國在失蹤刑事立案偵查中存在的問題，并根據(jù)存在的問題，在借鑒國外相關(guān)經(jīng)驗的基礎(chǔ)上，提出完善人口失蹤刑事立案偵查制度的有效措施，以期能夠?qū)κй櫚讣鹬匾�，改善我國失蹤人員立案偵查的現(xiàn)狀。
[Abstract]:Disappearance, because its nature is difficult to determine, is generally recognized as a social event in our country. There are many cases of disappearance that occur every year in our country. Judging from the many criminal cases that the public security organs have uncovered, which shocked China, Many cases have just started out in the form of disappearance, taking serial homicide as an example. In the early stage of the case, the victim disappeared, and the crime lasted for a long time. These disappearances cover up a large number of criminal facts. The public security organs always find out that missing is only the superficial form of crime after solving these criminal cases. Because of the concealment of missing cases and the complexity and diversity of disappearances, not all cases of disappearance are related to criminal offences. In cases where no criminal facts have been discovered and only reports of disappearances have been reported, It is difficult to file a case of disappearance according to the provisions of our country's Criminal procedure Law. Therefore, for missing cases, public security organs often do not have the conditions to file the case. And for the missing cases, the public security organs have a very long period of investigation before filing the case, to investigate whether the missing persons are likely to be harmed by criminal acts, but this stage of investigation is very long. Because many disappearances have not found any evidence that the missing have been victimized. By the time the investigation is filed by the public security organs, the evidence at the beginning of the crime may have disappeared, which is even less conducive to the investigation and detection. The study on the missing cases can arouse the public security organs' attention to the missing cases, perfect the system of putting the missing persons on file, make up for the defects of handling the missing cases in the judicial practice, and prevent more cases of missing from being infringed. The first chapter introduces the concept and scope of missing persons, and expounds the provisions and problems of missing persons in the relevant documents, such as laws and regulations of our country, and leads to the relationship between missing cases and criminal offences through cases. The second chapter introduces the present situation of dealing with the problem of missing persons in China and the defects of the system of filing missing persons. The difficulty of filing missing cases lies in the fact that the law does not specify the time of filing and the standard of filing is high. The third chapter compares the early warning mechanism of missing persons between China and the United States, and shows that our country can draw lessons from the early warning mechanism of the United States to provide clues for the public security organs to help the public security organs to solve the cases at an early date. The fourth chapter puts forward some suggestions on how to perfect the mechanism of missing persons in our country on the basis of the previous analysis. Based on the analysis of the current criminal cases related to disappearances in China, this paper explains the problems existing in the investigation of missing criminal cases, and based on the existing problems and on the basis of drawing lessons from the relevant experience of foreign countries, This paper puts forward some effective measures to perfect the system of criminal investigation of missing persons in order to pay attention to the missing cases and improve the present situation of the investigation of missing persons in our country.
【學位授予單位】：蘇州大學
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：D925.2
本文編號：2374296
[Abstract]:Disappearance, because its nature is difficult to determine, is generally recognized as a social event in our country. There are many cases of disappearance that occur every year in our country. Judging from the many criminal cases that the public security organs have uncovered, which shocked China, Many cases have just started out in the form of disappearance, taking serial homicide as an example. In the early stage of the case, the victim disappeared, and the crime lasted for a long time. These disappearances cover up a large number of criminal facts. The public security organs always find out that missing is only the superficial form of crime after solving these criminal cases. Because of the concealment of missing cases and the complexity and diversity of disappearances, not all cases of disappearance are related to criminal offences. In cases where no criminal facts have been discovered and only reports of disappearances have been reported, It is difficult to file a case of disappearance according to the provisions of our country's Criminal procedure Law. Therefore, for missing cases, public security organs often do not have the conditions to file the case. And for the missing cases, the public security organs have a very long period of investigation before filing the case, to investigate whether the missing persons are likely to be harmed by criminal acts, but this stage of investigation is very long. Because many disappearances have not found any evidence that the missing have been victimized. By the time the investigation is filed by the public security organs, the evidence at the beginning of the crime may have disappeared, which is even less conducive to the investigation and detection. The study on the missing cases can arouse the public security organs' attention to the missing cases, perfect the system of putting the missing persons on file, make up for the defects of handling the missing cases in the judicial practice, and prevent more cases of missing from being infringed. The first chapter introduces the concept and scope of missing persons, and expounds the provisions and problems of missing persons in the relevant documents, such as laws and regulations of our country, and leads to the relationship between missing cases and criminal offences through cases. The second chapter introduces the present situation of dealing with the problem of missing persons in China and the defects of the system of filing missing persons. The difficulty of filing missing cases lies in the fact that the law does not specify the time of filing and the standard of filing is high. The third chapter compares the early warning mechanism of missing persons between China and the United States, and shows that our country can draw lessons from the early warning mechanism of the United States to provide clues for the public security organs to help the public security organs to solve the cases at an early date. The fourth chapter puts forward some suggestions on how to perfect the mechanism of missing persons in our country on the basis of the previous analysis. Based on the analysis of the current criminal cases related to disappearances in China, this paper explains the problems existing in the investigation of missing criminal cases, and based on the existing problems and on the basis of drawing lessons from the relevant experience of foreign countries, This paper puts forward some effective measures to perfect the system of criminal investigation of missing persons in order to pay attention to the missing cases and improve the present situation of the investigation of missing persons in our country.
【學位授予單位】：蘇州大學
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：D925.2
【參考文獻】
相關(guān)期刊論文 前10條
1 朱建祥;錢英;;疑似命案立線偵查芻議[J];公安學刊(浙江警察學院學報);2011年01期
2 王巧全;論刑事立案初查[J];江蘇警官學院學報;2003年05期
3 叢卓義;何天旭;;不再讓失蹤人員游走于公力救濟的邊緣——立線偵查工作機制的提出與釋疑[J];江西公安�？茖W校學報;2010年02期
4 何冊輝;;論偵查的起點[J];遼寧警專學報;2010年05期
5 石明;“失蹤人”的法律含義淺析[J];山西師大學報(社會科學版);2001年02期
6 耿宏平,劉曉光,康國徽;失蹤人員及無名尸體管理問題[J];中國刑事警察;2004年05期
7 張毅;;對疑似被侵害失蹤人員的“立線偵查”[J];中國刑事警察;2007年01期
8 鄭偉;李金輝;張穎;;對疑似被侵害失蹤人員“立線偵查”要旨[J];中國刑事警察;2007年01期
9 耿連海;;試論人口失蹤報案的審查立案[J];政法學刊;2007年06期
10 萬毅;陳大鵬;;初查若干法律問題研究[J];中國刑事法雜志;2008年04期
本文編號：2374296
本文鏈接：http://sikaile.net/falvlunwen/susongfa/2374296.html
