检察机关技术侦查执行权之辩

Dispute on the Power of Execution of Technical Investigation of Procuratorial Authority

技术侦查措施在侦查活动中发挥着越来越大的作用。新刑事诉讼法规定检察机关拥有技术侦查措施的决定权,但无执行权。技术侦查措施决定权与执行权相分离的规定有违检察权独立行使的原则,势必降低技术侦查措施的效用,难以适应职务犯罪侦查的需要。应当明确检察机关侦查权独立行使的必要性。赋予检察机关技术侦查措施执行权不属重复建设。公安机关对检察机关进行侦查监督的理论缺乏法理依据。

Technical investigation is playing a more and more important role, in the criminal investigation. The new law of criminal procedure stipulates that the procuratorial authority has the power to decide whether to adopt technical investigation but no power to execute it. The division of the decision-making power and power of execution violates the principal of the independence of procuratorial power, which definitly decreases the effects of technical investigation and is unfit for investigation of duty crimes. The independence of procuratorial power should be made clear. And giving the power of execution to the procuratorial authority shall not fall into the range of duplicate construction. The theory that the public security organization should supervise the investigation of the procuratorial authority is not supported by juridical logics.