论文部分内容阅读
1992年至2001年,江苏省如皋市公安局将10年中发生的135起杀人案件全部破获。其中,75起为24小时内破获,16起在3天内破获,16起是7天内破获,18起是20余天内破获,最长的不过79天。将这些数字与其他地区比较,就会发现如皋刑侦工作的惊人之处。侦查行为的认识论属性刑事案件的破获不外有三种实现路径:一是投案自首;二是群众扭送;三是侦查行动的结果。前两种情况在如皋杀人案件侦破中几乎不占比重,因而我们关注的是如皋10年中杀人案件全部破获的方法论问题。采取了法定的侦查措施、遵循了法定的侦查程序,就必定会破案吗?如果仅仅将侦查理解为法定措施的采取和诉讼程序的遵循,那么,这种思维就忽略了侦查作为一种特殊行动的认
From 1992 to 2001, the Rugao Public Security Bureau of Jiangsu Province completely cracked 135 murders that occurred in 10 years. Among them, 75 were cracked in 24 hours, 16 were cracked in 3 days, 16 were cracked in 7 days, and 18 were cracked in more than 20 days. However, the longest period was 79 days. Comparing these figures with other regions will reveal the astonishingness of the Rugao criminal investigation work. The Epistemological Attributes of Investigation Behavior There are only three ways to realize the criminal cases: one is to surrender themselves, the other is to send the masses, and the other is the result of investigation. The first two cases accounted for almost no proportion in the detection of Rugao murder cases, so we are concerned about the methodological issues that all cases of Rugao were completely uncovered during the 10 years. If we take the statutory investigation measures and follow the statutory investigation procedure, we will certainly solve the case.If we only understand the investigation as the adoption of statutory measures and the follow-up of the proceedings, then this thinking ignores the investigation as a special action Recognition