对起诉后检察机关自行强制取证的质疑

在刑事公诉案件中,检察机关向法院提起公诉后,不应继续享有自行以强制手段调查取证的权力,因为这种做法侵害了法院在案件起诉后的诉讼主导权,使公诉权失去制约,同时违背控辩平等原则,也无法保障审判阶段集中审理的实现。因此,必须在我国构建对公诉的证据进行审查的起诉审查程序,防止检察机关对不符合证据标准的案件提起公诉; 同时禁止检察机关在起诉后自行强制取证,废除刑事诉讼法关于检察机关可以在审判阶段补充侦查的规定,而应赋予检察机关与当事人平等的调查证据申请权,将决定起诉后是否可以进行强制取证的权力交由法院行使。

The Query on Prosecutor's Compulsory Searching and Obtaining of Evidence after Prosecution

In public prosecution cases, after the initiation of public prosecution, prosecutors shouldn＇t enjoy the authority of compulsory searching and obtaining of evidence by themselves, because it encroaches on the supremacy of courts after the prosecution, and breaches the principle of the egality between prosecutors and defendants. It also loosens control over prosecution power, and embarrasses the realization of centralized judgement. Therefore, it is necessary to construct prosecution examination procedure in China, preventing prosecutors from prosecuting cases without appropriate proof. Prosecutors should also be prohibited from searching and obtaining of evidence after the initiation of public prosecution, and they should be endowed with the right to apply for investigating proof, just like other parties in the cases. Courts are the qualified bodies to decide whether it needs compulsory searching and obtaining of evidence after public prosecution.