确立检察机关拘留权之构想

拘留权是决定和执行拘留的权力。根据我国现行刑事诉讼法的有关规定,拘留统一由公安机关来执行,检察机关只有对自行侦查的案件在特定情况下的拘留决定权,而没有拘留执行权。这就使检察机关在侦查实践中处于相当被动和尴尬的境地,影响了侦查程序的顺利进行,进而影响了诉讼的效益。应当尽快赋予检察机关一个完整而又名副其实的拘留权。

The Idea of Establishing Procuratorial Organs' Right of Detention

The right of detention is a right which can decide whether to detain and enforce detention. According to some regulations in the current criminal procedure law in China, detention is enforced by the public security department all together. Procuratorial organs have the right of making detention decisions when they tackle with cases investigated by themselves in certain circumstances,but they don't have the enforcement power of detention.It makes procuratorial organs passive and awkward in the process of investigations. And it also has effect on carrying on the procedure of investigations. What's more, it affects the benefit of proceeding. Procuratorial organs should be given the right of detention which is complete and worthy of the name as soon as possible.