论宪政体制下我国警检关系的重构

On Reconstruction of Relationship Between Police and Procuratorate Under Constitutionalism

从我国现行刑事司法体制看,检察机关与公安机关权力结构关系严重失调、错位。相对于世界各主要国家普遍推行的警检一体化的状况而言,我国的警检关系存在着制约体制松散,检察监督权虚置弱化,以及职权与责任不相统一的弊端,我国警检关系有待于在一体化方向上重新定位和构建。

Analsis From the perspective of the current criminal judicial system of China,the power relationship between procuratorial organ and public security organ is in severe disharmony and dislocation.Compared with ＂Police and Procuratorate integration＂ which is commonly carried out in primary states of the world,the relationship between police and procuratorate in our state is characterized by loose restriction system,weak supervising power and disorder between power and responsibility,so the relationship between police and procuratorate should be relocated and rebuilt toward integration.