审判中心主义下检警关系重构研究

Reconstruction of the Relationship between Procuratorate and Police under the Perspective of Judgment Centralism

检警关系是刑事诉讼关系的基本内容之一,我国侦查、起诉、审判逐次推进的诉讼阶段构造使检警机关长期面临着配合不足、监督不力的实践困境,审前不良的权力运作将会导致庭审不利的最终结果,难以有效追诉犯罪和保障人权。为了满足以审判为中心司法改革的现实需要,有必要对审前阶段检警关系的运作模式进行研究,为庭审做好准备。在借鉴域外检警关系有益经验的同时,立足本土资源,在选择最适合我国司法运作的检警分离模式基础上,通过具体制度的进一步构建,完善检警机关的权力运作,规范审前程序,为实质化庭审做好准备。

The relationship between procurator and police is one of the basic contents of criminal litigation. Owing to the successive procedures of litigation, that is, investigation, prosecution and trial, the procuratorate and public security organs of our country have for a long time been in a practical dilemma of ineffective coordination and supervision, and undesirable power operation before trial always leads to unfair trials, making it hard to prosecute crimes and protect human rights. In order to meet the practical needs of judicial reform which is centered on judgment, it is necessary to study the operation mode of the relationship between procurator and police before trial. And in this process, it might be wise to refer to other countries＇ relevant experiences in dealing with the relationship between procurator and police, improve the power operation of procuratorate and public security organs, regulate pretrial procedure and make good preparations for trial based on our own resources and by choosing the most suitable separation mode between procurator and police for our country~ s judicial operation and further constructing specific rules.