我国刑事诉讼中的检警关系问题研究

根据我国刑事诉讼法的规定,人民检察院和公安机关之间是一种“分工负责、互相配合、互相制约”的关系。长期以来,我国传统刑事诉讼理论一直认为这种关系模式对于刑事诉讼目的的实现有着积极的保障作用。但是,从这种模式在刑事司法实践中的实际运作效果来看,并不象制度的设计者所预想的那样理想,尚有许多不足和缺陷。对此,有学者主张我国应当借鉴大陆法系的检警结合模式建构检警一体化的格局,也有学者反对检警一体化。就目前而言,完善并加强检察机关对公安机关侦查行为的司法控制无疑是我们面临的主要任务。

Research on the Relationship between the Procuratorial Organs and the Public Security Organs in Criminal Procedue

According to the stipulations in Chinese criminal procedure law, the relationship between the people's procuratorial organs and the public security organs is a "division of labor with individual responsibility, mutual cooperation and mutual restraint" kind of relation. For a long time, Chinese traditional criminal procedure theory considered this pattern of relationship as important in realizing the objectives of criminal procedure. However, from the effect of such a pattern in actual criminal procedure practice, it is not as ideal as what the designers expected and still has a lot of inadequacies and shortcomings. In view of this, some scholars propose integrating the procuratorial and the public security organs according to the integration pattern of the procuratorial and the public security organs in the mainland law system, while some scholars are against this proposition. It is, without a doubt, that our main task at present is to perfect and strengthen the judicial control of the procuratorial organs on the investigative actions of the public security organs.