比较法视野下我国的侦检关系及其完善

On the Investigative and Procuratorial Relationship of China from Comparative Perspective

只了解一国法律制度的人,不可能真正认识本国的法律制度。当今世界,无论是实行"侦检分离"的英美法系国家,还是实行"侦检一体"的大陆法系国家,侦检关系不再是绝对的"分离"或"一体",而都强调侦检双方的协助与合作。针对我国现行侦检关系的暴露出来的诸多问题,以检警双方的"适当结合"为核心,建立一种"检察引导侦查"新型侦检关系,于理有据,于实有利,符合中国的国情和现代刑事诉讼制度的发展规律。

The one who only knows his own law system would never actually understand it. Nowadays, both the common law system countries with the separation model of investigation and prosecution and the civil law countries with the integration model of them are strengthening the cooperation and guidance between the two organs. Given the lacks of current investigative and procuratorial relationship of China, the criminal procedure system needs an urgent reform. It is reasonable and feasible to establish a proper combination of the two organs as a core and rebuild a totally new relationship by procuratorial work guiding investigation, for it is not only in conformity with the national conditions but also in accordance with laws of criminal procedure system.