检警一体化模式再解读
刘计划检警一体化模式再解读
Re-analysis On the Unification Mode of Procurator and Police
期刊名称：《法学研究》
期刊年份：
作者：刘计划
单位：中国人民大学法学院
中文关键词：侦查模式;警察主导侦查;检警一体化;有效指控;侦查监督
英文关键词：investigative mode;investigation dominated by police;unification of procuratorate and police;effective accusation;investigative supervision
中文摘要：
我国现行的警察主导侦查模式具有重大缺陷，尤其在控辩式庭审改革的背景下愈益暴露出弊端：不仅难以满足检察机关有效指控、惩罚犯罪的需要，也无法适应侦查监督、保障人权的要求。实践中自发的检察引导侦查的改革是对现行接力型检警关系的突破，其本质是检警一体化，构成了当下诉讼程序改革与司法体制改革的一项重要创新。检警一体化模式的实质是检察机关参与侦查权的行使，而非检警机关在组织上的一体化，亦非二者角色的混同。我国建构检警一体化模式，不仅存在理论基础，而且具有法律依据。采纳这一模式有助于提升侦查质量、强化检察机关指控犯罪的能力，也便于检察机关践行侦查监督职能。
英文摘要：
There are many defects in the current investigative mode dominated by the police. In the background of the reform to adversary trial mode, this investigative mode is revealed more disadvantages, that is, it cannot meet the needs of effective accusation and adapt to the requirements of investigative supervision to guarantee human rights. The spontaneous reform from the practice to make the procurator lead the investigation is a breakthrough to the current relay-type relationship between the procurator and the police. The essence of this reform is the unification of the procurator and the police, which is an important innovation in the undergoing procedural and judicial system reform.The substance of the unification mode is the participation of the procuratorate into the exercise of the investigative power, but not the unification of the organization of the procuratorate and the police, and not the mixture of their respective role as well. There are both theoretical foundations and legal basis to establish the unification mode in our country. The unification mode may improve the quality of investigation and strengthen the ability of accusation, and is good for the procuratorate to fulfill his investigative supervision function. In order to realize the new model of a unified relationship between the procurator and the police, regulations and rules adjusting and normalizing the relationship between them should be enacted. And systems should be established such as exchange of ideas timely, regular meeting in the national and local level, sitting in job meetings by each other, and appointing a specific person for coordination, etc. Moreover, mechanisms that the procuratorate may involve in the investigation directly of important cases should be carried into effect. Fourthly, the detention period by the police before application for arrest should be shortened, and before taking other investigative measures as search, seizure and surveilance, the police should also apply to the procuratorate. At last, the adaption of the police to the procuratorate should extend to the period of trial, and the policeman should stand as the witness according to the request of the procurator.
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