合理检警关系下公诉权对侦查权的监控制度探析

On relationship between Prosecutors and Police: How to Improve the Monitoring and Controling System on China′s Indictment-investigation

我国现行检警关系存在的种种缺陷显示,对其改革已势在必行,通过对典型模式的考察让我们看到加强公诉权对侦查权的监控,强调检察官在审前的主导作用已成为国际的主要趋势,检警一体化符合现代刑事诉讼的基本规律和发展潮流,是未来中国检警关系努力的方向。在现阶段我国应从本土资源和实际情况出发,构建有中国特色的公诉权对侦查权的监控制度。

In recent years, the acdemic field agrees that the relationship between prosecutors and police is unreasonable, the organs of investigation and prosecution cannot be complemented to each other to collect standarized proof immediately and effectively, also cannot strongly and accurately fight against crimes as well as guarantee human rights effectively. In order to reflect and discuss the existing relationship between prosecutors and police to some extent, by citing foreign cases and enfronting the reality this paper aims to analyze the defects in the existing relationship to make clear the necessity of improvement. Meanwhile, it tends to compare the two typical stereotype on the existing relationship between prosecutors and police and to discuss how to improve the system of monitoring and controling on China＇s indictment- investigation. Based on those,which are expected to arouse the more attention and result in the further research for the academic.