“捕诉合一”背景下诉讼化审查逮捕程序的完善与建构

The perfection and construction of the review of arrest procedure under the background of“integration of power of arrest approval and public prosecution”

“捕诉合一”是检察机关内设机构改革的重要内容,关系检察权运行机制的整体性变革。在推行“捕诉合一”的背景下,完善与建构诉讼化审查逮捕程序,对于防范审查逮捕职能弱化、助力“捕诉合一”改革顺利施行大有裨益。完善听取意见程序,需实现讯问犯罪嫌疑人全面化与实质化、听取辩护律师意见主动化、审查逮捕证明机制化;建构听证程序,应彰显审查范围适度、审查主体与决定主体同一、侦辩双方对庭论辩、权利救济与制度保障完备的设计合理性。当下,我国审查逮捕程序中应以听取意见程序为主导程序、听证程序为必要的辅助程序。

“Integration of power of arrest approval and public prosecution”is an important part of the reform of the internal institutions of the procuratorial organs,and it is a holistic change in the operational mechanism of the procuratorial power.In the context of the implementation of the“integration of power of arrest approval and public prosecution”,the improvement and construction of the litigation-oriented review of arrest procedure remarkably conducive to the prevention of the weakening of the review and arrest function and the successful implementation of the reform of integration of power of arrest approval and public prosecution.To perfect the procedure of hearing opinions,it is necessary to realize the comprehensive and substantive interrogation of criminal suspects,to listen to the opinions of defense lawyers and to institutionalize the review of arrest warrants mechanism.To construct the hearing procedure,it should demonstrate the moderation of the scope of application,the consistency of the subject of review and decision,the argumentation of the defendant and prosecutor,the rights relief as well as the consummation of the institution guarantees are well designed.At present,China’s review of arrest patterns should be dominated by the procedure of hearing opinions,and the hearing procedure is in the necessary auxiliary position.