论预审的地位

长期以来,我国的预审工作附着大量的侦查职能,造成了不必要的警力及财力的浪费,而预审权力由公安机关独立行使,这在一定程度上弱化了预审的监督、制约职能.因而,应实行侦审合一,预审不应当再承担侦查职能,预审权力也不应由公安机关行使,而应由一中立的,不承担追诉职能的司法机构行使预审权,对侦查行为进行有效的司法审查与监督.

On the Position of the First Hearing

The preliminary hearing work in our country has been attached to by the function of large quantities of detection for a long time, resulting in unnecessary waste of the police force and finance. The practice that the first hearing power is executed by the single public security organ partly weakens the supervisory and restrictive function of the preliminary hearing. So the detection and trial should be combined so that the first hearing shouldn' t shoulder the detective function any longer and the first hearing power shouldn't be executed by public security organ, while by the neutral judiciary body without the function of prosecution so as to conduct an effective judiciary investigation and supervision over the detective action.