侦查活动监督调查核实权实证研究——以B市C区近三年侦查活动监督案件为样本

Empirical Research on the Investigation and Verification Right of Investigative Activities——Taking the Supervision Cases of Investigative Activities in the Past Three Years in District C, City B as Samples

调查核实权是检察机关在侦查监督工作中查明侦查机关开展侦查活动是否合法、规范的重要职权,其本质上属于检察机关法律监督职权的一部分,调查核实方式包括讯问、询问等不限制人身自由和财产权利的非强制性手段。实践中调查核实权的行使存在以书面审查为主、刚性不足、保障不充分等问题,建议从丰富调查核实方法、积极构建增强调查核实刚性机制、及时配套保障措施和培训提高调查核实能力等方面完善调查核实权的行使。

In the supervision of investigative activities,the investigation and verification right is an important authority for procuratorial organs to investigate the legality of investigative activities,which belongs to the part of the legal supervision power of the procuratorial organs.The means of investigation and verification include questioning of suspect,inquiring the witness and so on,which have no restrictions on personal liberty and property rights.In practice,there are many problems in the implementation of the investigation and verification right,such as predominant focus on written review,insufficient rigidity and inadequate guarantee.In order to improve the exercise of the investigation and verification right,we propose these suggestions,including enriching methods of investigation and verification,actively building institutional mechanisms to enhance rigidity of investigation and verification,timely supporting measures and improving capacity to investigate and verify by training.