我国检察机关提前介入侦查机制问题研究

Research on The Early Intervention of Chinese Procuratorial Organs in The Investigation Mechanism

检察机关提前介入侦查机制其理论正当性,来源于宪法规定的“分工负责,互相配合,互相制约”原则。实践层面,检察机关在诉前程序中发挥引导作用,督促侦查取证同时提高了办案效率,具有现实可行性。但目前提前介入侦查机制在辅助侦查取证与监督侦查取证的价值选择之间难以自洽;其客观实效性与政策法规的规定之间具有差异;介入案件的适用范围缺乏较为明确的标准;过度介入的行为时常发生。基于提前介入侦查机制涉及机关之间权力扩张与限制的本质特征,应在明确公诉职能为主的法理基础上,进一步细化“重大、疑难、复杂”案件的具体类型,完善检警双向制约的介入机制,最终实现提前介入侦查机制实体与程序完善的双重实效。

The theoretical legitimacy of the procuratorial organ’s early intervention mechanism comes from the principle of“division of labor and responsibility,mutual cooperation,and mutual restraint”stipulated in the Constitution.At the practical level,procuratorial organs play a guiding role in pre-litigation procedures,urging investigation and evidence collection,and improving the efficiency of case handling,which has realistic feasibility.However,at present,early intervention in investigation is difficult to self-consistent between the value choice of auxiliary investigation and evidence collection and supervision investigation and evidence collection;there are differences between its objective effectiveness and the provisions of policies and regulations,and the scope of applicable cases lacks clear standards;over-involvement occurs frequently.Based on the fact that the early intervention and investigation mechanism includes the essential characteristics of power expansion between agencies,we should further refine the specific types of“the major,difficult and complex”cases on the basis of clarifying the legal principle that public prosecution function is the main function,and improve the intervention mechanism of the two-way control of the prosecutor and the police.Finally,the dual effect of early intervention in the investigation mechanism and the improvement of the procedures will be realized.