论警检关系的基本特征与发展趋势

On the Basic Characteristics and the Evolutive Tendency of Relationships between the Police and the Procuratorate

尽管世界上几个主要国家的警检关系存在三大模式的分野,但各国警察机关和检察机关之间既存在形式上的分工关系,又具有实质上的合作关系,只不过三大模式的侧重点有所不同而已。大致说来,英美模式的侧重点在审判程序,而大陆模式、中俄模式的侧重点在审前程序。但从一些国家近年来的司法改革看,三大模式在相互吸收的基础上,警检关系开始出现紧密化的发展趋势。

There are three different modes in the world of relationships between the police and the procuratorate. However, any relational mode exists as formal division in functions and (substantial) symbiosis between them. Furthermore, the three modes each have distinctly owned (emphases.) Approximately speaking, the common law states emphasize trial procedures, and the others do pretrial ones. In terms of the judicial reformation in some countries, the relational (evolvement) between them has come to the trend of closer co-operation after three relational modes use each other for reference.