侦检一体化:理想与现实

On the Integration of Investigation and Prosecution: Ideality and Reality

理论界不少人针对公安机关与检察机关“分工负责、互相配合、互相制约”关系中存在的问题,主张我国应当借鉴大陆法系一些国家侦检关系模式,实行侦检一体化,并认为此举必将极大地推动诉讼公正的实现和诉讼效率的提高。但是通过对国外不同侦检关系模式进行深入地考察和对我国侦检关系现状及论者所主张的未来变革进行细致地分析,不难发现,理想与现实相差甚大,“侦检一体化”的主张值得思考。

In allusion to the problems concerning the relation between public security organ and procuratorate of“divide their functions and responsibility,coordinate their efforts and restrict each other”,the scholars considered that China should apply the mode of investigation-prosecution relation of some countries of continental legal system to integrate the investigation and prosecu- tion by which the impartiality of procedure would be developed and the judicial efficiency would be increased.However,with deep reviewing different modes of investigation-prosecution relation in other countries and detailedly analyzing China's actuality of investigation-prosecution relation and its future reform described by the scholars,because of the great difference between ide- ality and reality,the opinion of the integration of investigation and prosecution should be reflected.