试论刑事侦查战略思想的发展方向

犯罪是一种社会现象,它受制于社会生产力的发展。社会的经济文化的发展、变化,必然影响着犯罪这一社会现象的发展变化,而作为遏制犯罪发展的侦查活动,为达到有效遏制犯罪的目的,无论其战略指导思想,还是战术策略,都要求有针对性和造就性,即随着不同时代犯罪特点的变化而变化。     

研究犯罪特点提高侦查水平

研究犯罪特点提高侦查水平福建省人民检察院检察长郑义正在建立和发展社会主义市场经济体制的新形势下，认真研究分析贪污贿赂等经济犯罪变化发展的特点，掌握犯罪的基本规律，及时总结侦查经验，不断提高发现犯罪和综合运用各种侦查手段证实犯罪的能力，对于深化查办大案...     

论票据诈骗犯罪案件的侦查对策

随着经济的发展及科技的进步,票据诈骗犯罪所采取的手段越来越先进,越来越隐蔽,反侦察能力越来越强,对于侦查机关来说是个巨大的挑战。票据诈骗犯罪案件的侦查应从票据诈骗案件的特点、票据类型以及票据流程入手展开调查取证。     

网络赌博案件的侦查取证模式研究

随着互联网技术的发展，各类网络犯罪案件日益增多，尤其是网络赌博犯罪日渐猖獗。由于网络赌博犯罪具有空间跨度大、犯罪成本低、隐蔽性强和赌资流动性大等特点，这对侦查机关提出了挑战。笔者从网络赌博犯罪的特点入手、在分析网络赌博犯罪的侦查难点的基础上，提出了针对此类案件的侦查取证模式。基于此模式，侦查人员通过相关性、功能性和时间性等三方面的调查分析，进行网络赌博案件的侦查取证工作。     

当前受贿犯罪特点的变化及侦查对策

随着改革开放的不断深入,经济的不断发展,受贿犯罪呈现出增加的趋势,受贿犯罪的特点也有很大的变化。针对这些变化,在侦查中必须采取相应的侦查对策。     

论合同诈骗案件的认定与侦查

随着市场经济的发展,经济领域内的犯罪活动也日趋严重,合同诈骗犯罪是其中一种。但合同诈骗犯罪常与合同纠纷有许多相似之处,致使在侦查中出现该立不立等现象。为此,笔者试着从合同诈骗犯罪的认定、侦查中如何证明犯罪及侦查措施等几方面对此作一初浅分析。     

论卧底侦查的法律基础

卧底侦查是秘密侦查中的一种,对于侦破有组织犯罪及"无受害人犯罪"具有显著效果。但由于实践中卧底侦查常常出现破坏法制、侵犯人权的后果,因此其存在、使用的正当性遭到了公众的质疑。很显然要保证侦查机关在实施卧底侦查时具有正当性,就必须在理论上具有坚固的法律基础。     

转变渎职侵权犯罪侦查方式的若干问题

加快转变渎职侵权犯罪侦查方式要遵循坚持正确的执法思想和执法理念、有利于强化法律监督职能,保持检察权的完整性和依法独立行使、有利于提高侦查效率实现侦查目的、有利于解决渎职侵权犯罪侦查工作中存在的突出问题。在加快转变侦查方式的具体进路上要建立渎职侵权犯罪侦查信息系统;建立行政执法与刑事司法衔接机制;完善侦查办案一体化机制;实施专案调查;建立信息引导侦查的制度。     

秘密监听的证据学思考

为了打击犯罪和惩罚犯罪,维护社会秩序与安全,国家的侦查行为也要随着犯罪方式的发展变化而发展变化,因此犯罪行为方式的每一次嬗变,都必将引起国家在刑事侦查方式上针锋相对的回应,这是刑事侦查发展的客观规律。秘密监听作为应对有组织犯罪．黑社会犯罪、恐怖犯罪和具有严重社会危害性的刑事犯罪的有效侦查行为,如何对其所获得的证据的证据能力和证明力加以确定,如何在运用秘密监听所获得的证据惩罚犯罪的过程中保障被监听人的人权,便成为我们必须面对的一个课题。     

在惩罚犯罪与保障人权之间：关于监听的法律思考

监听是世界各国为应付犯罪形势的新变化而发展起来的一种高技术化、高隐密性的强制侦查措施，其出现对于侦查机关打击和惩罚犯罪发挥了极其重要的作用。但是另一方面，监听的采用又严重侵犯了公民隐私权，因此，各国都对监听的采用规定了严格的法律程序，以防止侦查机关滥用监听，过度分割公民权利。我国刑事诉讼立法上对监听缺乏明确规定，这不利于保障公民人权，应当加以改进。     

The future of forensic and crime scene science. Part II. A UK perspective on forensic science education

This paper builds on the views presented by the author at 'The Future of Forensic and Crime Scene Science Conference'. Forensic science has become an increasingly prominent area of science within the last 10 years. This increasing prominence together with popularity in the subject has seen the number of undergraduate students studying forensic science related courses at UK Universities increase rapidly in just 5 years and there are no short term signs of this trend reducing. In 2005, there were 450 courses with forensic in the title offered by higher education institutes. Although the forensic community has expressed its concern that job prospects for these students wishing to pursue careers as forensic scientists will be limited numbers of students undertaking science courses have still increased. The increase in students studying forensic science comes in an era of decreasing science numbers in higher education with the potential to produce high calibre science graduates with sought after skills in critical thinking, analysis, interpretation and communication. Technology has continued to advance at a similar pace providing those responsible for managing crime with a need and opportunity to identify and predict new and future applications of science and technology; not just in reducing and detecting crime but also in predicting how technology will be used by criminals in the future. There is therefore a need for forensic science users, providers and educators to identify the knowledge and skills required by forensic scientists and crime investigators of the future to ensure that technology continues to be used and applied to its full advantage. This provides universities an opportunity to contribute to the development of both the practice and practitioners of forensic science. This paper outlines the current issues facing universities in relation to forensic science and identifies their future role in providing high quality relevant courses for future forensic practitioners; developing current forensic practitioners through their participation in applied research, short courses, conferences and qualifications linked to professional practice; and supporting and developing the practice of forensic and crime scene science, through the identification, engagement and dissemination of pure and applied research.     

论信息化背景下的侦查工作

随着计算机技术和现代通信技术的发展，信息网络延伸至社会生活的各个角落，作为社会副产品的犯罪也随之演变出多种新的犯罪表现，使传统侦查工作在证据获取和破案模式上面临挑战。基于此，信息化背景下的侦查工作，可从侦查模式、工作方法、侦查观念和提高侦查力水平上寻求突破，以期顺应时代要求，更好地履行职责。     

Applications of GIS in Public Security Agencies in China

The application of GIS in the public security industry is generally called “Police Geographic Information System (PGIS)” in Mainland China. Although China’s PGIS play important roles in protecting public safety and smart policing, no publications on this subject are found in English. This paper provides an overview of the four main development stages of PGIS in public security agencies in mainland China: the early exploration stage; the multi-department PGIS system development stage; the centralization stage; and the spread and improvement stage. Successful GIS applications and practices in local police departments are also introduced in this paper. At the end of this paper, three problems and challenges faced in the development of PGIS are introduced, involving the current PGIS application depth; the support of crime mapping and crime analysis theoretical research on policing practices; and the introduction and localization of mature foreign crime analysis and prediction technology. Additionally, we point out that the implementation of smart policing strategies under the context of big data has created favorable conditions for subsequent crime analysis, research, and application, encouraging police departments to more frequently take initiative by cooperating with research institutions in crime analysis and prediction technology research. These new opportunities will inevitably promote the rapid development of PGIS and the geography of crime in China.

     

Direct detection of blood in fingermarks by MALDI MS profiling and Imaging

The determination of the presence of blood in fingermarks constitutes important intelligence in a criminal investigation as it helps to reconstruct the events that have taken place at a scene of crime. Various methodologies have been reported and are currently employed for the detection of the presence of blood including optical, spectroscopic and chemical development approaches. However, most methods only give an indication that blood may be present and, therefore, these methods are described as presumptive tests.Here we show the use of Matrix-Assisted Laser Desorption Ionisation Mass Spectrometry Profiling and Imaging (MALDI MSP and MALDI MSI) for the determination of the presence of blood in fingermarks by specifically detecting the molecules of haem and haemoglobin through their mass-to-charge ratios. Furthermore, preliminary experiments are shown which demonstrate that this technology is compatible with other methods currently employed for enhancing fingermarks in blood (or contaminated by blood). The application of the developed protocols to a crime scene blood trace, demonstrates the feasibility of using this technology in routine casework. These findings open up a new line of research for the development of robust MALDI MSP and MALDI MSI protocols for the detection and chemical imaging of bloodied marks.     

Crime Mapping and the Training Needs of Law Enforcement

This paper explores some of the more recent developments within crime mapping and the broader application of geographical information technology within law enforcement. The information technology (IT) revolution and the reduction in computing costs since the 1980s has brought a range of analytical tools within the budgets of most police services, and one of the most significant changes has been in the way that spatial data are handled. Law enforcement has strong geographic currents at all levels of the organisation, and this paper examines three applications of geographical information systems (GIS) within policing: hotspot mapping; CompStat; and geographic profiling. The paper concludes by discussing the future training needs using a simple model of intelligence-led crime reduction. This model suggests that training for managers to enable a greater understanding of the analyses presented to them, and how to use mapping to further crime prevention and reduction, may be as important as increasing the technical ability of crime analysts. The challenge for the immediate future of crime reduction practice in law enforcement is less to worry about the training of analysts, and more to address the inability of law enforcement management to understand and act on the crime analysis they are given.     

New Challenges for Law Enforcement

Against a background of high crime across Europe, this paper argues that there is scope for improving police performance in detection. It also suggests that a more balanced approach to crime control is needed, with a shift in policy emphasis toward prevention. Both improved police performance in detection and the approach advocated for increased preventive effort are rooted in science. The specific role of science and technology in the context of crime control is considered and its implications for public policy and police training are briefly discussed. It is suggested that the problem-oriented approach to crime prevention, as increasingly practiced by the UK police and those in other jurisdictions, could be described as approaching scientific method, and perhaps be promoted as such.     

Social harm future(s): exploring the potential of the social harm approach

The notion of social harm has sporadically interested critical criminologists as an alternative to the concept of crime. In particular, it has been viewed as a means to widen the rather narrow approach to harm that criminology offers. More recently, the publication of Beyond Criminology: Taking Harm Seriously has renewed interest in the notion of social harm. The book asserted a number of very valid reasons for a social harm approach that provoked a number of interesting critical responses. The article seeks to respond to five recurring questions: Should the social harm perspective move beyond criminology? If so, where should the perspective locate itself? From this position, how will the perspective continue to engage within ‘law and order’ debates and address the concerns of those affected by crime? If the notion of crime is problematic, how will the perspective form an alternative definition of harm? Moreover, without a notion of crime and the accompanying concept of criminal intent, how would the perspective allocate responsibility for harm? The article is not offering definitive answers to these questions, but possible directions for the perspective’s future development.     

犯罪现场生物检材的发现、提取策略

在改进现场生物检材的发现和提取技术的同时,也要进行理论创新和体系构建,才能够更好地指导实践。全局的观点、具体案件具体分析和犯罪现场重建对于现场勘查中有效地发现、提取和利用生物检材是十分重要的。     

计算机网络证据的取证研究

计算机网络的快速发展巨大地改变着人们的生活，但同时网络犯罪也呈现骤增的趋势，为了有效地打击犯罪，必须研究与网络犯罪相关的侦查技术，而计算机取证是其中最重要的环节之一。计算机取证的主要工具，主要技术和采用方法都有别与传统犯罪的取证，并随着科学技术和犯罪的发展而产生着相应的变化。     

Conceptualising and combating transnational environmental crime

To date, transnational environmental crime has been poorly attended to by the transnational organised crime and transnational policing discourse. Academics have focused on individual elements of environmental crime, neglecting a broader theoretical discussion, while national and international institutions have prioritised other forms of organised crime, giving little thought to the nuanced nature of transnational environmental crime and how this should be reflected in policing and countermeasures. This paper attempts to rectify this by conceptualising transnational environmental crime and suggesting ways forward for countermeasure development. The paper will begin by looking at the problem of environmental crime, its value, scope and effects, concluding that the damaging nature of transnational environmental crime demands a greater focus on its policing. The nature of transnational environmental crime will then be discussed by reference to traditional forms of organised crime. It will be argued that, while transnational environmental crime is a form of organised crime, and has some features in common with the traditional organised crimes, such as drug smuggling and people trafficking, it is the substantial differences that should guide the approach to developing countermeasures. The development of effective countermeasures, it is concluded, requires a significant change in policy at every level.