論我國刑事懸賞制度的構(gòu)建
發(fā)布時間：2019-06-04 21:19
【摘要】：隨著社會的發(fā)展,犯罪日益復(fù)雜化、智能化,特別是進(jìn)入上世紀(jì)90年代以來,各種恐怖組織、黑社會組織及其他犯罪集團(tuán)等有組織犯罪越來越猖獗,引起世界各國的普遍重視。各國犯罪控制部門紛紛重拳出擊,加大打擊力度,千方百計緝拿罪大惡極的犯罪頭目,其中一個行之有效的措施就是“刑事懸賞”。雖說刑事懸賞是沒有辦法的辦法,也不是偵破案件的主要途徑,但至少是一條有效途徑。但在新中國成立后,在相當(dāng)長的一個時期內(nèi),刑事懸賞在犯罪偵查中一直是禁區(qū),無人涉足,極少運(yùn)用。隨著改革開放的深入,一些在計劃經(jīng)濟(jì)時期隱藏的問題逐漸暴露,社會失業(yè)人口增加,收入差距拉大,境外犯罪團(tuán)伙滲入,使得當(dāng)前刑事犯罪出現(xiàn)了許多新情況、新問題,犯罪逐漸呈智能化、集團(tuán)化,給犯罪偵查帶來不小的難度。由此,在新的歷史時期,刑事懸賞在犯罪偵查中的運(yùn)用被重提,公安機(jī)關(guān)在偵破大案、要案中運(yùn)用刑事懸賞也取得了很好的效果。遺憾的是,我國對刑事懸賞認(rèn)識不充分,重視也不夠,有關(guān)這方面的文獻(xiàn)資料比較少,還沒有形成一個比較完整的制度體系,為此筆者不揣淺見,提出一些具體設(shè)想,以期推動構(gòu)建我國的刑事懸賞制度,使其真正成為打擊犯罪的有力武器。 本文除導(dǎo)言和后記外,共分五章,約30,000字,其中注釋3500字。 第一章是對刑事懸賞基本概念之比較詮釋。筆者首先進(jìn)行了刑事懸賞的概念界定,介紹了懸賞、懸賞廣告、刑事懸賞三個相關(guān)概念。其次,通過區(qū)分刑事懸賞與懸賞廣告、刑事懸賞與通緝令這兩對容易混淆的概念,明確了刑事懸賞的基本特性。
[Abstract]:With the development of society, crime is becoming more and more complex and intelligent, especially since the 1990s, organized crime such as various terrorist organizations, triad organizations and other criminal groups has become more and more rampant, which has attracted the attention of all countries in the world. Crime control departments all over the world have punched hard, stepped up efforts to crack down on crime leaders, one of the effective measures is to offer a "criminal reward." Although there is no way to offer a criminal reward, nor is it the main way to detect a case, but it is at least an effective way. However, after the founding of the people's Republic of China, for a long time, the criminal reward has been a restricted area in the criminal investigation, no one dabbled in it, and rarely used it. With the deepening of reform and opening up, some hidden problems in the planned economy period have gradually been exposed, the number of unemployed people in society has increased, the income gap has widened, and the infiltration of foreign criminal gangs has led to many new situations and new problems in criminal crimes at present. Crime is gradually intelligent and collectivized, which brings a lot of difficulty to crime investigation. Therefore, in the new historical period, the use of criminal reward in criminal investigation has been reintroduced, and the use of criminal reward in major cases and important cases has also achieved good results. Unfortunately, our country is not fully aware of the criminal reward, and does not attach enough importance to it. The literature on this aspect is relatively few, and a relatively complete system has not yet been formed. For this reason, the author puts forward some concrete ideas. In order to promote the construction of the criminal reward system in our country, so that it can really become a powerful weapon to combat crime. In addition to the introduction and postscript, this paper is divided into five chapters, about 30000 words, of which notes are 3500 words. The first chapter is a comparative interpretation of the basic concept of criminal reward. First of all, the author defines the concept of criminal reward, and introduces three related concepts: reward, reward advertisement and criminal reward. Secondly, by distinguishing the two confusing concepts of criminal reward and reward advertisement, criminal reward and wanted notice, the basic characteristics of criminal reward are clarified.
【學(xué)位授予單位】：華東政法學(xué)院
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2005
【分類號】：D925.2
[Abstract]:With the development of society, crime is becoming more and more complex and intelligent, especially since the 1990s, organized crime such as various terrorist organizations, triad organizations and other criminal groups has become more and more rampant, which has attracted the attention of all countries in the world. Crime control departments all over the world have punched hard, stepped up efforts to crack down on crime leaders, one of the effective measures is to offer a "criminal reward." Although there is no way to offer a criminal reward, nor is it the main way to detect a case, but it is at least an effective way. However, after the founding of the people's Republic of China, for a long time, the criminal reward has been a restricted area in the criminal investigation, no one dabbled in it, and rarely used it. With the deepening of reform and opening up, some hidden problems in the planned economy period have gradually been exposed, the number of unemployed people in society has increased, the income gap has widened, and the infiltration of foreign criminal gangs has led to many new situations and new problems in criminal crimes at present. Crime is gradually intelligent and collectivized, which brings a lot of difficulty to crime investigation. Therefore, in the new historical period, the use of criminal reward in criminal investigation has been reintroduced, and the use of criminal reward in major cases and important cases has also achieved good results. Unfortunately, our country is not fully aware of the criminal reward, and does not attach enough importance to it. The literature on this aspect is relatively few, and a relatively complete system has not yet been formed. For this reason, the author puts forward some concrete ideas. In order to promote the construction of the criminal reward system in our country, so that it can really become a powerful weapon to combat crime. In addition to the introduction and postscript, this paper is divided into five chapters, about 30000 words, of which notes are 3500 words. The first chapter is a comparative interpretation of the basic concept of criminal reward. First of all, the author defines the concept of criminal reward, and introduces three related concepts: reward, reward advertisement and criminal reward. Secondly, by distinguishing the two confusing concepts of criminal reward and reward advertisement, criminal reward and wanted notice, the basic characteristics of criminal reward are clarified.
【學(xué)位授予單位】：華東政法學(xué)院
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2005
【分類號】：D925.2
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