公安机关起诉意见书应加强说理性

Intensifying the Convincing Power in Suggestion Agreements of Prosecution for Public Security Organs

公安机关起诉意见书存在重格式规范、轻释法说理的现象,尤其是犯罪嫌疑人对事实和证据有异议的案件,存在说理缺乏针对性、以结论代替说理的模式化倾向,一定程度上影响了法律文书的说服力。公安机关在起诉意见书中应释法说理,增强起诉意见书的法理性。

A problem of paying much attention to the forms and little attention to the interpretations of the laws exists in the letter of proposal for prosecution made by the public security organs, especially in the cases in which the suspect still has doubts about the facts and evidence. The letter of proposal for prosecution by the public security organs presents a tendency of lacking aims in their convincing process and replacing the convincing process with a conclusions, which to some degrees affects the convincing power of the law documents. The public security authorities should interpret and reason to strengthen its legality in the letter of proposal for prosecution,