审查起诉阶段检察机关自行补充侦查制度的完善路径

Perfection path for the system of self-supplementary investigation by procuratorial organs during the review and prosecution stage

审查起诉阶段自行补充侦查是检察机关的重要职能,具有降低“案-件比”、完善检察职能的重要作用。但实践中,检察机关自行补充侦查却存在使用少、侦查措施不足、补查质量不高等问题,未能充分发挥好检察机关自行补充侦查的重要作用。从域外制度经验来看,侦查与补充侦查并非截然分开,补充侦查中具有检警配合密切并配备有专业辅助人员等显著特征。我国检察机关自行补充侦查的完善首先应明确补查范围,提高补充侦查数量,通过“检警”协作、配备专业辅助人员等措施,促进自行补充侦查的质效提升。

Self-supplementary investigation in the review and prosecution stage is an important function of the procuratorial organ,which plays an important role in reducing the“case-to-case ratio”and improving the procuratorial function.However,in practice,the self-supplementary investigations by procuratorial organs have problems such as insufficient use,insufficient investigation measures,and low quality of supplementary investigations.The procuratorial organs have failed to give full play to the important role of the self-supplementary investigations.Judging from the experience of the extraterritorial system,investigation and supplementary investigation are not completely separate.The supplementary investigation has the distinctive characteristics of close cooperation between the prosecutors and the provision of professional auxiliary personnel.The perfection of the self-supplementary investigation of China’s procuratorial organs should first clarify the scope of the supplementary investigation,increase the number of supplementary investigations,and promote the quality and efficiency of self-supplementary investigations through measures such as coordination of“prosecutor and police”and provision of professional auxiliary personnel.