强化检察机关对刑事侦查活动监督效能的思考

Thoughts on Strengthening the Efficiency of the Procuratorial Supervision on Criminal Investigation

我国刑事诉讼法在制度设计上对法律监督原则体现得不够充分,没有建立完善的程序实施机制。实践中,检察机关对侦查行为的同步监督缺失,对程序性违法侦查行为制裁不力,在一定程度上出现监督失灵。为强化检察机关对刑事侦查活动的监督,规范侦查权的运行,有必要通过立法赋予检察机关及时介入并引导侦查活动的职权及对侦查机关采取强制措施和强制侦查手段的审查权,强化检察机关对违法侦查行为的程序性、实体性处分权。

China′s criminal procedure law has not fully embodied the principle of legal supervision in the system design,and has not established a perfect mechanism for the implementation of procedures.In practice,the procuratorial organs lack synchronous supervision over the investigation behavior,and the sanctions against procedurally illegal investigation behavior are not effective,which leads to supervision failure to a certain extent.In order to strengthen the supervision of the procuratorial organs over criminal investigation activities and standardize the operation of the investigation power,it is necessary to give the procuratorate the right to intervene in and guide the investigation activities in a timely manner through legislation,as well as the censorship of compulsory measures and compulsory investigation means.Strengthening the procuratorate′s power to procedurally and substantively disposing of illegal investigations is also necessary.