侦查监督的制度困境及其突破——兼论最高人民检察院“四项改革规定”

On the Dilemma and Break-through of Investigation Supervision——Discussing Also the Four Reforms of Improving Investigation Supervision Rules by the Supreme People's Procuratorate

侦查监督是检察机关履行法律监督的重要内容,但目前侦查监督的运行状况却存在不平衡、不及时及监督不力的问题。导致侦查监督制度困境的原因主要是侦查监督与公诉的关系、侦查监督与侦查的关系定位不适当,从而影响了侦查监督的动力与能力。最高人民检察院的"四项改革规定"对改善侦查监督有促进作用,但由于受现行制度框架的限制,仍然存在不足,未来的制度改革应该继续从理顺侦查监督与公诉、侦查的关系入手,着力于提升监督的动力与能力。

Investigation supervision makes an important part of legal supervision for prosecuting organs. There are lots of problems in the investigation supervision, such as imbalance of its running, delaying and inefficiency. The main reasons leading to the predicament of supervision on spying are the relationship between investigation supervision and investigation itself , supervision on spying and public prosecution, which affect the motivation and ability of investigation supervision. The four reforming provisions laid down by the Supreme People＇s Procuratorate will improve investigation supervision in China. At the time, limited by the current system, there are still lots of shortages. Our future reform should have an eye on straightening the relationship between investigation supervision, public prosecution and investigation itself in order to improve the motivation and ability of supervision.