摘要
近年来,检察引导侦查机制研究逐步具体化为公诉引导侦查模式的探讨,公诉部门介入侦查引导取证,可以起到规范侦查、辅助诉讼的效果。但实践中依然存在着公诉效率受侦查效果牵制、侦查取证瑕疵转化为公诉压力等问题,公诉明显处于引导乏力的被动状态,而如何构建起强有力的引导保障机制就成为当前亟需解决的重要课题。文章从公诉引导侦查的实务问题出发,就公诉与侦查之间的机制性矛盾、公诉之于侦查的导向地位进行剖析,并从实体与程序两方面就公诉引导侦查的保障机制提出基本构想。
In recent years,the research on investigation mechanism directed by inspection has gradually been down to the discussion of investigation pattern directed by public prosecution. Public prosecution organ gets involved in investigation and directs to take evidence,which could play the role of regulating investigation and assisting proceeding. But in practice,there are still problems such as proceeding efficiency dragged by investigation results,defects in investigation and evidence taking becoming proceeding pressure and so on. Proceeding is obviously passive in direction. It is important issue to construct powerful protective mechanism for directing. The author started from practical affairs of investigation directed by public prosecution,analyzed the mechanical contradictions between public prosecution and investigation and the directing position of public prosecution to investigation,put forward several thinking on protective mechanism on the investigation directed by public prosecution from substance and procedure.
关键词
公诉引导侦查
实务经验
介入标准
保障机制
investigation directed by public prosecution
practical affairs
interventional standard
protective mechanism