监检衔接的逻辑与方法

Research on Legal Issues of Coordination Between Supervision and Prosecution

国家监察体制改革后,监检衔接成为我国法治实践中的新课题。当前由于规范供给的粗疏与缺漏,监检衔接实践工作中存在监察中心主义的倾向,这造成少数监察活动的“非法”现象。在法治逻辑的审视之下,监察调查本质应还原为国家追诉职能的行使,因此应重申“互相配合,互相制约”这一经典原则,推动监检衔接过程中审查起诉的实质化。在法律修改的时代背景下,基于“立法论-解释论-立法论”的研究范式转型趋势,监检衔接的关键方法可以归为几点:扩大检察侦查范围促进监检管辖衔接;以刑事审判为标准促进监检证据衔接;以保障合法权利为目标促进监检强制措施衔接;充分发挥检察机关在刑事诉讼中的主导作用促进监检审查起诉衔接;以审慎思维促进监检特别程序衔接。

Following the reform of the national supervision system,the coordination between supervision and prosecution has emerged as a new issue in China's legal practice.At the present time,due to the roughness and omissions in the supply of norms,the trend of centralism of su-pervision prevails in the practice of the mechanism of connection between the supervisory organs and the procuratorial organs,which has resulted in the illegal transgression of some supervisory activities.Under the scrutiny of legal logic,the essence of supervisory investigations should be restored to the exercise of national prosecution functions.Therefore,the classical principle of"mutual cooperation and mutual check"should be reaffirmed,promoting the substantive review and prosecution in the process of coordination between supervision and prosecution.In the con-text of the era of legal revision,and based on the tendency of transformation of the research paradigm of"legislative theory-interpretation theory-legislative theory",the key methods for im-proving the mechanism of connection between the supervisory organs and the procuratorial organs can be summarized as follows:expanding the scope of prosecutorial investigations to promote the jurisdictional coordination between supervision and prosecution;using criminal trials as the standard to enhance the convergence of supervisory and prosecutorial evidence;aiming to protect legal rights to improve the coordination of compulsory measures between supervision and prosecution;fully utilizing the leading role of the procuratorial organs in criminal proceedings to enhance the coordination of supervisory and prosecutorial review and prosecution;and promoting the coor-dination of special supervisory and prosecutorial procedures based on a prudent mindset.