改革警检关系 提高侦诉效率

Reform the Relation between the Police and Procuratorate to Improve the Efficiency of Detection and Prosecution

公安机关的侦查与检察机关的起诉,是刑事诉讼中前后衔接的程序,它们的高效运作对法院审判乃至于整个刑事诉讼,都起着至关重要的奠基性作用。由于警检关系立法定位存在一定的缺陷,使得侦诉程序基本处于分离、牵制的状况,降低了审判前程序的诉讼效率,改革势在必行。但是改革不能脱离了现行的法律制度与司法状况,因此,既要确定改革的长远目标,从宏观立法和诉讼构造上实行变革;同时,现阶段也不能放弃改革警检关系的努力,可以在不改变法定诉讼体制构造的前提下,通过加强公安与检察机关的相互沟通,创设和完善一些形成侦诉合力的有效措施,从而提高诉讼效率。

The detection by public security body and the prosecution by the procuratorial organ are the procedures that are successively connected, whose high efficient operation is very important to the trial in the court and even the whole criminal lawsuit. The defects existing the legislative positioning of the relation between the police and procuratorate make the criminal procedure in a state of separation and containment, reducing the lawsuit efficiency of the pre - trial procedure, so the reform is inevitable. But the reform cannot be conducted beyond the present laws and regulations and the judicial status, so we will ascertain the long - term goal of the reform, conducting renovation from macro - legislation and lawsuit composition, but at the same time we cannot abstain the strive to improve the relation between the police and the procuratorate. In the presupposition of not changing legitimate lawsuit system, by strengthening the communication between the public security body and procuratorial organ, we can take the effective measures to combine the detection and prosecution, thus improving the procedure efficiency.