论文部分内容阅读
近年来,各地对刑事案件的立案工作很不规范,立案不实问题已成为久冶不愈之顽症。据调查.立案不实主要表现在不破不立、破了不立、隐瞒不立、立案不准确、立案不上报等。从去年浙江省杭州、宁波、嘉兴、台州四市抓如实立案后统计上报的案件数推算,目前多数基层公安(分)局立案数是实际发案数的60%至70%,少数地方实际立案数仅为实际发案数的30%左右。这种情况如果任其发展,不仅与新《刑事诉讼法》相抵触,而且客观上掩盖和放纵犯罪,严重影响对社会治安形势的正确剖析,容易造成打击犯罪决策的偏差,同时掩盖了公安机关工作量,不利于增加对公安机关的投入,还助长了弄虚作假歪风,败坏了党风和警风,因此,立案不实有百害而无一利,必须坚决予以纠正。一造成立案不实的原因何在?从调查情况看,笔者认为既有思想认识问题等主观因素,也有实际工作中措施、方法问题等客观原因,主要反映在以下五个
In recent years, the work of filing cases in criminal cases across the country has been very poorly regulated. The problem of filing a false case has become a chronic problem in the long run. According to the investigation, the main problems of filing an injunction are that it is not broken, that it is not broken, that it is not concealed, that the petition is inaccurate, and that the case is not reported. Last year, the number of cases reported by the four municipalities of Hangzhou, Ningbo, Jiaxing and Taizhou in Zhejiang Province after they were truly investigated and put into operation was estimated. At present, most of the grass-roots police stations have 60% to 70% of the actual number of cases, The number is only about 30% of the actual number of cases. If this situation is allowed to develop, it will not only contravene the new Code of Criminal Procedure, but also objectively cover up and indulge crime. This will seriously affect the correct analysis of the situation in public order and will easily lead to deviation from the fight against crime. At the same time, it will overshadow public security organs The workload is not conducive to increasing investment in the public security organs. It also encourages fraud and fraud and corrupts the party’s work style and the police force. Therefore, filing a case does not have a pervading effect and no one must benefit from it. We must resolutely correct it. What is the cause of a false filing? According to the investigation, the author thinks that there are subjective factors such as ideological understanding and practical reasons, such as measures and methodological problems in the actual work, which are mainly reflected in the following five