诉侦体制改革探析

修正后的刑事诉讼法确立的庭审方式 ,出现了明显的当事人化的趋势 ,这种角色的配置 ,加重了检察官承担的举证责任。现行的侦查、起诉、审判块状的各处独立的体制 ,致使检察机关在同为指控一方中 ,对公安机关侦查活动的合法性、证据取得的有效性和充分程度上的制约力明显不足。诉侦体制改革在提高诉讼效益的同时 ,更要注重检察机关与侦查部门的相互配合与制约。

Analysis About Reform of Mechanism of Prosecution And Investigation

The obvious trend towards clients in trial style established by revised criminal procedural law adds to the responsibility of putting to the proof undertaken by procurator.Present different and independent investigation,prosecution and trial mechanism makes procuratorial organ' s restraint on public security organs' s legality of investigation activity and effectiveness and adequacy of evidence pursuit insufficient,so the reform of prosecution and investigation mechanism becomes the field of opening up virgin soil in the reform of public prosecution.The author tries to combine procuratorial practices with existing reform situation of prosecution and investigation mechanism to probe and analyze how to rationalize the relationship between prosecution and investigation and construct reasonable mechanism of prosecution and investigation.