论文部分内容阅读
湖北省黄石市公安局1998年3月进行了刑侦体制改革,在结构上实行了侦审合一,刑警驻所制;在工作上实行了由始而终一包到底的运作制。改革较好地解决了过去侦审分离造成的,重复劳动的问题,刑侦队伍迅速显示出了强大的战斗力,破案数量直线上升,结案时间明显缩短,民警也在实践中逐渐由单打一发展成为多面手。从总体看,改革是成功的,方向是对头的,效果是比较好的。但是,改革恰逢新《刑法》、新《刑诉法》实施之初,一系列新变化、新内容、新问题一起朝着刚刚起步的刑侦体制倾泻而下,使这支年轻队伍不堪重负、猝不及防,使本该产生巨大效益的新体制效力锐减,致使改革后的刑侦工作出现破案数量普遍上升,办案质量普遍下降,案卷退查率急剧上扬的畸形局面。当前,退卷率高达50%以上,有的单位甚至更高,造成大批悬案死案,相当一批犯罪分子该杀的不能杀,该判的不能判,严重影响了法律的效力和公安机关的形象。那么,造成这一问题的主要原因有哪些呢? 其一,侦审合一,刑警的知识结构跟不上,导致文书制
Huangshi Municipal Public Security Bureau of Hubei Province carried out the reform of the criminal investigation system in March 1998 and carried out the reconnaissance and unity in the structure and the establishment of Interpol in the system. At the same time, it implemented a system of operation from beginning to end. The reform has better solved the problem of duplication of work resulting from the separation of reconnaissance from the past. The criminal investigation team quickly showed a strong combat effectiveness. The number of cases solved rose in a straight line and the time for closing the case markedly shortened. Civilian police gradually developed from singles one to multi-faceted ones in practice . Overall, the reform is successful, the direction is right, the effect is better. However, the reform coincides with the new Criminal Law and the beginning of the implementation of the new Criminal Procedure Law. A series of new changes, new contents and new problems have plunged into the just-started criminal investigation system and overwhelmed the young team. Caught off guard and sharply reduced the effectiveness of the new system, which had great benefits. As a result, there was a general situation of criminal investigation after the reform, with a general drop in the quality of handling cases and a sharp rise in the rate of file withdrawal. At present, the rewinding rate is as high as 50% or more, and some units are even higher, resulting in a large number of pending cases of murder. A considerable number of criminals should not kill such criminals. The impossibility of the conviction has seriously affected the effectiveness of the law and the public security organs’ Image. So, what are the main reasons for this problem? First, reconciliation, Interpol’s knowledge structure can not keep up, resulting in paperwork