效率视野下我国检警关系之构想

The idea of the relationship of prosecutorial organization and police bureau in the view of efficiency

我国刑事诉讼中,公安机关和检察机关承担着侦查与公诉职责,两者在形式上有着不同的职权,但本质上同属于控诉方,即为了预防与惩罚犯罪。正因为两者同属于控诉方,必然存在着配合与冲突,便产生了对两者关系进行合理调整形成合力的必要。而调整二者关系的立足点主要是整合司法资源,防止因扯皮而拖延诉讼,提高诉讼效率。因此,构建新型检警关系的本质也可以说是一种效率安排。从效率的角度重新审视我国的检警关系,就如何建立科学合理的检警关系提出构想,从而实现国家追诉权得以正确行使,刑事诉讼程序运作变得更加合理、有效的目标。

Our criminal proceedings,the public security organs and procuratorial organs of the investigation and prosecutions,both in form,but different in essence the same indictment,to the parties to prevent and punish crime.it is because they are charged with,there must be co-ordination and confrontation,began to make reasonable adjustments to the relationship between form the essential efforts.And adjust the relationship between the basis of our judiciary is the integration of resources and the nonsense and delay action to improve the efficiency.Therefore,to build a new relationship between the police of nature is kind of efficiency.from the efficiency of the police to closely reexamine our relationship,establishment of the relationship between the scientific concept proposed by the country after right to lodge appeals to correct exercise,the criminal procedure operation has become more rational and effective.