从刑事诉讼目的角度看警检关系

西方各国刑事诉讼中的警检关系本质上是一种相互配合与协作的关系,以控制犯罪为直接目的。我国刑事诉讼中的警检关系既是一种互相配合的关系,又是一种监督关系,以实现控制犯罪和保障人权的双重目的。然而,从警检关系的实际运作来看,无论公安机关和检察机关互相配合,还是检察监督均未能达到理想效果,由此导致控制犯罪和保障人权的目的均未能充分实现。在笔者看来,警检关系难以实现控制犯罪和保障人权的双重目的,我国应以提高对犯罪的有效追诉为目标重构我国刑事诉讼中的警检关系。

A Study on Relationship between the Police and the Procurator from the View of the Theory "the Purpose of Criminal Procedure"

In western countries,the Criminal Procedural Law emphasizes that the police and the procurator co-operate with each other in order to complete the mission of crime control;in China,the law not only emphasizes that the police and the procurator co-operate with each other,but also emphasizes Procurator Supervision to complete the mission of crime control and of human rights protection.However,in practice,both the co-operation between the police and the procurator and the procurator supervision don't act well.In this paper,the author holds that: It's difficult to complete the mission of crime control and of human rights protection in the construction of the relationship between the police and the procurator and we should design a mode of relationship between the police and the procurator that the police and the procurator co-operate with each other in order to complete the mission of crime control.