检察机关自行补充侦查制度研究

On the Procuratorial Self-replenishment of Investigations

在退回补充侦查制度已经出现了实体功能有限、程序功能异化以及衍生检警矛盾等诸多流弊的情况下,学界仍然致力于进一步完善这一制度的理论构建,始终忽略了自行补充侦查所具有的理论与实践上的价值,原因在于我们对检察机关自行补充侦查的认识存在偏差。自行补充侦查并非旨在为公安机关的侦查提供"帮手",而是需要强调其"监督者"与"引导者"的角色。对于完善补充侦查制度来说,检察机关自行补充侦查具有关键意义,更重要的是,自行补充侦查制度亦为检察官客观义务的履行、审判中心主义的刑事司法制度改革以及当前检警关系的改善所必需。

Under the circumstances that the returning supplementary investigation system has experienced many shortcomings such as limited physical functions, alienation of program functions, and contradictions of prosecutors, the academic community is still committed to further improving the theoretical construction of this system, but has always neglected the self-replenishment of investigations. The reason for the theoretical and practical value is that there is a bias in our understanding of the procuratorate’s own supplementary investigation. Self-replenishment of investigations is not intended to provide a "helper" for the investigation of public security organs, but rather to emphasize the role of "supervisors" and "leaders". At the same time, it is of vital importance not only for the improvement of the supplementary investigation system, but also for the procuratorial organs to supplement their own investigations. More importantly, the self-replenishment of the investigation system is also the need for improvement of the performance of the prosecutor’s objective obligations, the criminal justice system reform of the trial-centrism, and the current prosecutorial relationship.