“捕诉合一”改革对侦查工作的影响及对策

On the Impact of Arrest-prosecution Integrated Reform on Investigation and the Countermeasures

"捕诉分离"机制下,检察官难以实现对侦查活动全域监督和无法亲历案件审查等制约,促成了"捕诉合一"机制的改革。改革涉及到检察机关的逮捕权、公诉权等变革,无疑将对公安侦查工作产生诸多影响:侦查机关在检方的答辩空间将受到压缩;检方不批准逮捕案件可能增多;审前羁押率可能降低;已批捕案件改变强制措施概率降低,起诉率增大等。侦查机关可从办案质量、工作机制、队伍建设以及工作理念等方面入手,着力推动侦查工作与检务改革相适宜。

Under arrest-prosecution separation machanism, the procurators have difficulty in overall supervision of investigation activities and fail to personally experience the case review, contributing to arrest-prosecution integrated machanism reform,. which involves the procuratorial organs’ power of arrest and prosecution and undoubtedly produces numerous effects on public security investigation, including the investigative organizations’ contraction of the prosecution’s defense space, likely increase in the prosecution’s disapproval of arrest, possible decrease in pretrial detention rate, change of the probability of enforcement by approved arrest cases and increase in prosecution rate. It is suggested that investigative organizations make great efforts to promote consistency between investigation and prosecution reform on the basis of case handling quality, working mechanism, team construction and working concepts.