侦诉一体化关系的错位——兼谈侦诉一体化在我国的不可行

Dislocation of Integration of Investigation and Litigation——the Integration of Investigation and Litigation is Not Feasible in China

侦诉关系是最近几年来司法界讨论得较多的一个话题。围绕侦诉之间的关系,有学者认为应该实行侦诉一体化;同样也有学者认为,侦诉一体化不符合我国国情。后一种观点较为可取。现阶段我国侦诉关系确实存在缺陷,但侦诉关系定位于检察引导侦查取证较为合理。

The relation between investigation and litigation has been discussed much in judicial circles. Some scholars think the investigation and Iitigation should be integrated; white others think the integratiou of investigation and litigation in not feasible in China on the latter one. In fact there exisis some defaults in the relation between investigation and litigation. According to the authnr, the relation between investigation and litigation is to examine, and direct investigation and collecting evidence.