从人权保护角度看我国批捕权配置改革

On the reform to the ownership of arrest approval power from the point of human rights protection

因检察机关与侦察机关都承担着追诉职能,由检察机关行使批捕权不可能对侦察行为形成有效监督与制约,而且检察机关本身也承担着一部分侦察职能,此时监督者和被监督者合为一体,监督可能化为乌有,犯罪嫌疑人的权利极易受到侵犯。为加强在批捕程序中嫌疑人的权利保障,应将批捕权授予中立的法院行使。在这一终极改革目标实现之前,可以采取过渡措施弥补现行批捕制度在人权保障方面的不足。

Both the procuratorate and the investigation organ assume the criminal prosecution function, so there can not be effective supervision and constrains to the investigation power when the arrest approval power is exercised by the procuratorate. Furthermore, the procuratorate itself also assumes part of the investigation power, in this situation the supervisor and supervised are the same body, and the rights of accused are vulnerable to violation because there can be no supervision whatsoever on the investigation power. The arrest approval power should be accorded to the neutral courts so as to strengthen the protection of the accused. Before the ultimate goal is realized, transitional measures should be adopted in order to cover the shortage of current system of arrest approval in the protection of the rights of the accused.