“检察引导侦查”机制的反思与展望

Reflection of and prospect for procuratorial work guiding investigation

检察引导侦查改革近年来逐渐成为检察工作的热门话题,也被视为刑事司法新观念和目前检察机关的工作重心之一。通过对检察引导侦查的法理基础、法律依据、价值与成效等问题进行分析,可以看出检察引导侦查这种检警关系机制研究不能以某一个流行命题为基本出发点,而应当把它置于具体的刑事司法理论及实践中去。

The revolution of procuratorial work guiding investigation has become a hot topic in the recent few years. It is considered as the focus of new criminal idea and present procuratorial work. The authors analysed the legal principle basis, legal basis as well as the value and effect, and found that this kind of system shouldn＇t be studied with the starting point of a certain popular proposition, instead, it should be put into the concrete criminal idea and the practice of this country.