公安机关重大疑难案件侦查听取检察机关意见和建议的制度建构——基于W市Q区检察院审查批捕数据的实证分析

Construction of System of Public Security Organs on Listening to Opinions and Recommendations of Procuratorial Organs on Major and Difficult Cases

公安机关重大疑难案件侦查听取检察机关意见和建议制度是检察引导侦查的刑事司法制度。从实践中刑事案件审查逮捕环节看,该制度在实施过程中仍存在法律依据不明、提前介入不及时、引导权责不清、检察机关内部衔接不畅、公安机关存在依赖心理等问题。为适应以审判为中心的诉讼制度改革,强化检察监督权,加强对刑事案件侦查活动监督,从而提升检察机关在庭审环节的公诉应诉能力,建议对重大疑难案件公安机关听取检察机关意见和建议制度进行系统构架,明确制度启动的法定程序、适用的刑事案件类型,并将制度的实施主体设定为检察机关审查批捕和公诉两个部门,细化"意见"、"建议"内容,从而规范制度的实施方式。为了保障该制度的实施,建议设立驻派出所检察室、建立考核奖惩机制、将侦查行为纳入庭审评价体系。

System of public security organs on listening to opinions and recommendations of procuratorial organs on major and difficult cases is the criminal justice system of inspection, guidance, investigation. Looking at the review and arrestment of criminal cases in real situation, there are many questions in the implementation： ambiguous legal basis, untimely advanced intervention, unclear guiding responsibility, disconnected internal cohesion of procuratorial organs, as well as dependence psychology of public security organs. In order to adapt to the litigation system reform taking the trial as the center,strengthen the procuratorial supervision, enhance the supervision for the investigation of criminal cases, and then elevate the capacities of public prosecution and appearance of procuratorial organs in the trial, the author has some recommendations.They are taking a systematic frame for the system of public security organs on listening to opinions and recommendations of procuratorial organs on major and difficult cases, defining the legal procedure started by the system and the criminal case type which is applicable to the system, taking the examining and ratifying-arresting department and public litigation department as the implementing main actor, refining the opinions and recommendations. By these measures, the implementing mode of the system can be regularized. The author also suggests setting the procuratorial office in the police station, establishing the examining mechanism for reward and punishment, bringing the act of investigation into the trial evaluation system so as to guarantee the implementation of the system.