俄罗斯经验与启示:刑事侦查的检察监督控制

The Experience and Enlightenment of Russia:Procuratorial Supervision and Control of Criminal Investigation

由于侦查权具有天然的扩张性、隐蔽性和主动性,如果得不到有效监督和控制,极易造成侦查机关的专断甚至滥用职权。通过对俄罗斯刑事侦查权的检察监督控制机制的分析研究,结合当前我国刑事侦查监督疲弱监控乏力现状,笔者认为,我国现有侦查监督控制机制改革应借鉴俄罗斯经验:应加强对刑事侦查活动开启和终结的检察监督控制;应赋予检察机关广泛刑事侦查监督控制权,建立检察审查许可制度;应赋予检察机关普遍审前调查权;应完善检察引导侦查制度。

As the power of investigation has the traits of crude expansion, disguise and initia- tive, without effective supervision and control, it is easy to cause the arbitrary use of investigation or- gan, even the misuse of authority. Through the analysis on procuratorial supervision mechanism of criminal investigation and the power of control of Russian investigation, combined with a variety of criminal investigation problems of our country because of the weak supervision and lack of control, this paper holds that we should learn from the experience of Russia to reform the present mechanism of supervision and control in investigation. We should strengthen the supervision and control of crim- inal investigation activities both in the beginning and terminating; procuratorial organs should be widely endowed with power of the supervision and control of criminal investigation, and set up per- mission system of prosecution review; procuratorial organ should be given general rights of pre-trial investigation; we should perfect the system of the procuratorial guiding investigation.