违法扣押检察监督方式之研究

A Study on the Way of Illegal Seizure of Procuratorial Supervision

我国《人民检察院刑事诉讼规则》中规定了派员参与、通知纠正、审查并追究刑事责任以及受理申诉与控告四种违法扣押的检察监督方式。由于立法规定的疏漏或不合理导致检察监督方式存在较大的理论漏洞。为了解决这一问题,结合我国立法规定、司法现状以及一些相关的域外规定,需要在立法层面和司法层面上完善这四种检察监督方式。

In our country, the criminal procedure rules of the people＇s Procuratorate stipulates that the procuratorial supervision mode of four kinds of illegal detention is to send personnel to participate, to inform the rectification, to examine and investigate the criminal responsibility, to accept the appeal and to sue. There are some defects in the legislation and judicature of these four kinds of procuratorial supervision. In other words, because of the omission or unreasonable of the legislation, there is a big loophole in the way of procuratorial supervision, on the one hand, it is not conducive to protect the interests of the detained person and other relevant persons involved. On the other hand, resulting in the establishment of the law of illegal seizure of supervision and supervision has not been put into practice, play a substantive role, is not conducive to investigate the crime and identify the facts of the case. In order to solve this problem, in combination with China＇s legislative provisions, judicial status and some relevant extraterritorial provisions, it is necessary to perfect the four types of procuratorial supervision at the legislative level and judicial level.